Agenda packet — San Carlos City Council, April 10, 2023

CITY OF SAN CARLOS
City Council/Successor Agency to the
Redevelopment Agency/Housing Authority
Regular Meeting
April 10, 2023 7:00 PM
Council Chambers, City Hall
600 Elm Street, San Carlos, CA 94070
www.cityofsancarlos.org
AMENDED AGENDA
This meeting will be conducted both inperson at City Hall and virtually via Zoom. Members of the public will have the option to observe the meeting and address the City Council as outlined below.

InPerson Participation:

Location. City Hall – 600 Elm Street, Council Chambers.

Masks are no longer required, but are still highly recommended in accordance with California Dept of Health Guidelines. To maintain public health and safety, please do not attend in person if you are experiencing symptoms associated with COVID19.

Provide Public Comment. To address the City Council on any item on the posted agenda, fill out a Request to Speak Form located in the back of the Council Chambers and submit it to the City Clerk; or, you may raise your hand when the Mayor calls for public comments.

Remote Participation :

Observe via:
Zoom. https://us02web.zoom.us/j/88256140939; or call 16699009128 and enter the Meeting ID #: 882 5614 0939
Meeting Webportal . www.cityofsancarlos.org/agenda Local TV. Comcast Channel 27 and AT&T Uverse Channel 99 Provide Public Comment. If you plan to make a public comment on any item on the posted agenda, please observe the meeting via Zoom (see above access information), and during the public comment period for the agenda item you wish to address, use the “raise hand” feature. If joining Zoom by phone, press *9 to “raise hand”.

Councilmembers may participate in this meeting remotely pursuant to Assembly Bill 2449.

Councilmember Sara McDowell will Teleconference from
1335 Avenue of the Americas, New York, NY 10019 US.

Pursuant to Government Code Section 54953(b).

MAYOR: Adam Rak
COUNCIL: Ronald Collins, John Dugan, Sara McDowell, Pranita Venkatesh

1. CALL TO ORDER

2. ASSEMBLY BILL 2449 TELECONFERENCE REQUESTS

3. PLEDGE OF ALLEGIANCE

4. CHANGES TO THE ORDER OF THE AGENDA

5. REPORT FROM CLOSED SESSION

6. PRESENTATIONS
a. Present a Proclamation Recognizing April 28, 2023 as San Carlos Arbor Day.

7. COUNCIL COMMUNICATIONS AND ANNOUNCEMENTS
Council Communications and Announcements are brief items from members of the City Council regarding upcoming events in the community and correspondence that they have received. They are informational in nature and no action will be taken on these items at this meeting.

8. PUBLIC COMMENT
Persons wishing to address the City Council on matters NOT on the posted agenda may do so.

Each speaker is limited to two minutes. If there are more than five individuals wishing to speak during public comment, the Mayor may choose to allow the first five speakers to speak during this time, and the balance of the Public Comment speakers will be called upon at the end of the Council Meeting.

If the item you are speaking on is not listed on the agenda, please be advised that the City Council may briefly respond to statements made or questions posed as allowed under the Brown Act (Government Code Section 54954.2). The City Council's general policy is to refer items to staff for attention, or have a matter placed on a future City Council agenda for a more comprehensive action or report and formal public discussion and input at that time.

9. CONSENT CALENDAR
a. Motion to Waive Reading of All Ordinances.
b. Approve the February 27, 2023 City Council Special Meeting Minutes. c. Approve the February 27, 2023 City Council Regular Meeting Minutes. d. Declare a City Council Summer Recess and Authorize Cancellation of the two July 2023 City Council Meetings.
e. Accept the Quarterly Reports from City Commissions and Boards. f. Adopt a Resolution Authorizing the City Manager to Execute an Agreement with US Foods Under the Contract with the State of California for a Contract Period Consistent with the State of California's Agreement to Purchase Foods Supplies for the Adult Community Center Meal Programs and other Citywide Food Supply Purchases.
g. Adopt a Resolution Accepting Grants of Public Access Easements from ARESAN FRANCISCO NO. 63, LLC on Portions of the Properties at 825 and 835 Industrial Road.
h. Adopt a Resolution Appropriating $30,793 from the Wastewater Fund (Fund 006) in Fiscal Year 202223 to C1752; Awarding the 2023 Sewer System Root Foaming Project; Authorizing the City Manager to Execute a Public Project Agreement with Duke’s Root Control, Inc. of Elgin, Illinois in the Amount of $171,327.43; and Authorizing the Expenditure of Contingency up to the Project Budget. i. Adopt a Resolution Awarding the 2023 OnCall Traffic Striping and Marking Project C9417; Authorizing the City Manager to Execute a Public Projects Agreement with Chrisp Company of Fremont, CA in the Amount of $253,795; and Authorizing the Expenditure of Contingency up to the Project Budget.
j. Adopt a Resolution Authorizing the City Manager to Amend the Internet Services Agreement with TPX Communications to Upgrade the Equipment to Expand Internet Capacity and to Amend the Agreement to Modify Services and Renew Support Until the Service is Replaced.
k. Accept and Authorize the Filing of the Housing Successor Agency Annual Report for FY 202122.
l. Adopt a Resolution Setting the Time, Place and Duration of the San Carlos Farmers’ Market.

10. STUDY SESSION
a. Receive a Presentation Providing an Overview of Transportation Management Association (TMA) Options for East San Carlos.

11. NEW BUSINESS
a. Consideration of Adopting a Resolution Appropriating $200,000 from ParkinLieu Fund 27 to Fund a New North Crestview Park Master Plan.

12. AGENDA SETTING
Items discussed in this Agenda Setting Section will be considered by the Council for placing on a future agenda. No action will be taken on these items at this meeting.

13. ADJOURNMENT
Adjourn in Memory of John H. Clinton, Jr.

Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection upon request.

In compliance with the Americans with Disabilities Act and Title VI, and as outlined in the City’s Reasonable Accommodations Policy, if you need special assistance or translation services to participate in this meeting, please contact the City Clerk’s Office at (650) 8024222 or via email at [email protected]. Notification in advance of the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting.

1 CITY OF SAN CARLOS
City Council/Successor Agency to the
Redevelopment Agency/Housing Authority
Regular Meeting
April 10, 2023 7:00 PM
Council Chambers, City Hall
600 Elm Street, San Carlos, CA 94070
www.cityofsancarlos.org
AMENDED AGENDA
This meeting will be conducted both inperson at City Hall and virtually via Zoom. Members of the public will have the option to observe the meeting and address the City Council as outlined below.

InPerson Participation:

Location. City Hall – 600 Elm Street, Council Chambers.

Remote Participation :

Councilmembers may participate in this meeting remotely pursuant to Assembly Bill 2449.

Councilmember Sara McDowell will Teleconference from
1335 Avenue of the Americas, New York, NY 10019 US.

Pursuant to Government Code Section 54953(b).

MAYOR: Adam Rak
COUNCIL: Ronald Collins, John Dugan, Sara McDowell, Pranita Venkatesh

1. CALL TO ORDER

2. ASSEMBLY BILL 2449 TELECONFERENCE REQUESTS

3. PLEDGE OF ALLEGIANCE

4. CHANGES TO THE ORDER OF THE AGENDA

5. REPORT FROM CLOSED SESSION

6. PRESENTATIONS
a. Present a Proclamation Recognizing April 28, 2023 as San Carlos Arbor Day.

8. PUBLIC COMMENT
Persons wishing to address the City Council on matters NOT on the posted agenda may do so.

10. STUDY SESSION
a. Receive a Presentation Providing an Overview of Transportation Management Association (TMA) Options for East San Carlos.

11. NEW BUSINESS
a. Consideration of Adopting a Resolution Appropriating $200,000 from ParkinLieu Fund 27 to Fund a New North Crestview Park Master Plan.

12. AGENDA SETTING
Items discussed in this Agenda Setting Section will be considered by the Council for placing on a future agenda. No action will be taken on these items at this meeting.

13. ADJOURNMENT
Adjourn in Memory of John H. Clinton, Jr.

Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection upon request.

2 CITY OF SAN CARLOS
City Council/Successor Agency to the
Redevelopment Agency/Housing Authority
Regular Meeting
April 10, 2023 7:00 PM
Council Chambers, City Hall
600 Elm Street, San Carlos, CA 94070
www.cityofsancarlos.org
AMENDED AGENDA
This meeting will be conducted both inperson at City Hall and virtually via Zoom. Members of the public will have the option to observe the meeting and address the City Council as outlined below.

InPerson Participation:

Location. City Hall – 600 Elm Street, Council Chambers.

Remote Participation :

Councilmembers may participate in this meeting remotely pursuant to Assembly Bill 2449.

Councilmember Sara McDowell will Teleconference from
1335 Avenue of the Americas, New York, NY 10019 US.

Pursuant to Government Code Section 54953(b).

MAYOR: Adam Rak
COUNCIL: Ronald Collins, John Dugan, Sara McDowell, Pranita Venkatesh

1. CALL TO ORDER

2. ASSEMBLY BILL 2449 TELECONFERENCE REQUESTS

3. PLEDGE OF ALLEGIANCE

4. CHANGES TO THE ORDER OF THE AGENDA

5. REPORT FROM CLOSED SESSION

6. PRESENTATIONS
a. Present a Proclamation Recognizing April 28, 2023 as San Carlos Arbor Day.

8. PUBLIC COMMENT
Persons wishing to address the City Council on matters NOT on the posted agenda may do so.

10. STUDY SESSION
a. Receive a Presentation Providing an Overview of Transportation Management Association (TMA) Options for East San Carlos.

11. NEW BUSINESS
a. Consideration of Adopting a Resolution Appropriating $200,000 from ParkinLieu Fund 27 to Fund a New North Crestview Park Master Plan.

12. AGENDA SETTING
Items discussed in this Agenda Setting Section will be considered by the Council for placing on a future agenda. No action will be taken on these items at this meeting.

13. ADJOURNMENT
Adjourn in Memory of John H. Clinton, Jr.

Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection upon request.

3 CITY OF SAN CARLOS
City Council/Successor Agency to the
Redevelopment Agency/Housing Authority
Regular Meeting
April 10, 2023 7:00 PM
Council Chambers, City Hall
600 Elm Street, San Carlos, CA 94070
www.cityofsancarlos.org
AMENDED AGENDA
This meeting will be conducted both inperson at City Hall and virtually via Zoom. Members of the public will have the option to observe the meeting and address the City Council as outlined below.

InPerson Participation:

Location. City Hall – 600 Elm Street, Council Chambers.

Remote Participation :

Councilmembers may participate in this meeting remotely pursuant to Assembly Bill 2449.

Councilmember Sara McDowell will Teleconference from
1335 Avenue of the Americas, New York, NY 10019 US.

Pursuant to Government Code Section 54953(b).

MAYOR: Adam Rak
COUNCIL: Ronald Collins, John Dugan, Sara McDowell, Pranita Venkatesh

1. CALL TO ORDER

2. ASSEMBLY BILL 2449 TELECONFERENCE REQUESTS

3. PLEDGE OF ALLEGIANCE

4. CHANGES TO THE ORDER OF THE AGENDA

5. REPORT FROM CLOSED SESSION

6. PRESENTATIONS
a. Present a Proclamation Recognizing April 28, 2023 as San Carlos Arbor Day.

8. PUBLIC COMMENT
Persons wishing to address the City Council on matters NOT on the posted agenda may do so.

10. STUDY SESSION
a. Receive a Presentation Providing an Overview of Transportation Management Association (TMA) Options for East San Carlos.

11. NEW BUSINESS
a. Consideration of Adopting a Resolution Appropriating $200,000 from ParkinLieu Fund 27 to Fund a New North Crestview Park Master Plan.

12. AGENDA SETTING
Items discussed in this Agenda Setting Section will be considered by the Council for placing on a future agenda. No action will be taken on these items at this meeting.

13. ADJOURNMENT
Adjourn in Memory of John H. Clinton, Jr.

Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection upon request.

4 San Carlos City Council/Successor Agency to the
Redevelopment Agency/Housing Authority Special Meeting
Collaboration Room, City Hall
600 Elm Street, San Carlos, CA 94070
February 27, 2023 6:30 PM

MINUTES

ROLL CALL

City Council Present: Adam Rak, Mayor
Ronald Collins, Vice Mayor
John Dugan, Councilmember
Sara McDowell, Councilmember
Pranita Venkatesh, Councilmember

Staff Present: Jeff Maltbie, City Manager
Crystal Mui, City Clerk
Gregory Rubens, City Attorney

1. CALL TO ORDER

Mayor Rak Called the meeting to order at 6:30 PM.

2. PUBLIC COMMENT
None.

3. CLOSED SESSION

a. Public Employee Performance Evaluation - Closed Session Pursuant to Government Code Section 54957(B)(1) - City Attorney.

4. REPORT FROM CLOSED SESSION
None.

5. ADJOURNMENT

The meeting adjourned at 6:56 PM.

_____________________________
Crystal Mui,
City Clerk

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San Carlos City Council/Successor Agency to the
Redevelopment Agency/Housing Authority Regular Meeting
Council Chambers, City Hall
600 Elm Street, San Carlos, CA 94070
February 27, 2023 7:00 PM

MINUTES

ROLL CALL

City Council Present: Adam Rak, Mayor
Ronald Collins, Vice Mayor
John Dugan, Councilmember
Sara McDowell, Councilmember
Pranita Venkatesh, Councilmember

Staff Present: Adam Aronson, Economic Development and Housing Manager Lisa Costa Sanders, Principal Planner Consultant
Grace Le, City Engineer
Steven Machida, Public Works Director
Jeff Maltbie, City Manager
Rebecca Mendenhall, Administrative Services Director
Crystal Mui, City Clerk
Amy Newby, Parks and Recreation Director
Gregory Rubens, City Attorney
Al Savay, Community Development Director

1. CALL TO ORDER

Mayor Rak called the meeting to order at 7:00 PM.

2. PLEDGE OF ALLEGIANCE
Mayor Rak led the Pledge of Allegiance.

3. REPORT FROM CLOSED SESSION
City Attorney Greg Rubens reported that there are no reports from the closed session item held this evening.

4. CHANGES TO THE ORDER OF THE AGENDA

None.

5. PRESENTATIONS
a. Present a City Coin to Community Volunteer Patti Brown.

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Mayor Rak recognized Patti Brown for her services to the community and presented her with a City Coin.

Ms. Brown provided background on how she got involved with volunteering and thanked the Council for the recognition.

b. Present a Proclamation Recognizing February 2023 as American Heart Month.

Mayor Rak recognized February 2023 as American Heart Month and presented a proclamation to Marcia Mills , an American Heart Association volunteer and heart survivor.

Ms. Mills shared her personal story on her heart incidents and spoke on the work of the American Heart Association.

6. COUNCIL COMMUNICATIONS AND ANNOUNCEMENTS

Councilmember Dugan commended the City’s communication team for their work on the recent Spotlight newsletter.

Mayor Rak reported on providing an update to the Parks and Recreation Foundation and announced that Chamber San Mateo County will hold a virtual State of the City on April 4.

7. PUBLIC COMMENT

Griffin Lee , member of the Bay Area Youth Climate Action Team (BAYCAT), requested Council mandate restaurants to use reusable foodware for onsite dining.

Lana Levison, member of the BAYCAT , requested Council mandate restaurants to use reusable foodware for onsite dining.

David Crabbe, resident, request ed the C ity replace or eliminate a lamp post that had been knocked down on the north corner of North Crestview Park. He also questioned the status on plans for North Crestview Park.

Mayor Rak directed staff to follow-up with Mr. Crabbe on the lamp post.

Amanda, member of the BAYCAT, requested Council mandate restaurants to use reusable foodware for onsite dining.

8. CONSENT CALENDAR

MOTION: Adopt City Council Consent Calendar items ‘a’ – ‘m’.

MOVER: Sara McDowell
SECONDER: John Dugan
AYES: Dugan, McDowell, Venkatesh, Collins, Rak
NAYS: None

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RESULT: Motion Passed 5 - 0

a. Motion to Waive Reading of All Ordinances.

b. Approve the January 23, 2023 City Council Regular Meeting Minutes.

c. Accept the Fiscal Year 2022 -23 Second Quarter Investment Report for the Period Ending December 31, 2022.

d. Accept the Fiscal Year 2022-23 Second Quarter Financial Report for the Period Ending December 31, 2022.

e. Adopt a Resolution Authorizing the City Manager to Execute a Three-Year Agreement for Products and/or Services with CMCS/Central Valley Party for Special Event Rentals in an Amount Not to Exceed $164,293 with an Option to Renew for Two Additional Years. Resolution 2023- 018

f. Adopt a Resolution Approving the Reasonable Accommodations Policy Pursuant to Assembly Bill 2449. Resolution 2023- 019

g. Adopt a Resolution Authorizing the City Manager to Amend the Professional Services Agreement with Lamphier Gregory to Prepare an Environmental Impact Report for the Alexandria Life Sciences & Technology Project at 987 Commercial Street in an Additional Amount Not to Exceed $58,225. Resolution 2023-020

h. Deny Claim of Anita Liwi.

i. Deny Claim of Cody Robertson.

j. Adopt a Resolution Approving the 2023 Annual Traffic Striping and Marking Project C9417 Specifications; and Authorizing a Call for Bids. Resolution 2023-021

k. Adopt a Resolution Approving the 2023 Sewer System Root Foaming Project C1752 Specifications and Authorizing a Call for Bids. Resolution 2023-022

l. Adopt a Resolution Approving the 2023 On -Call Sewer Replacement Project C1702 Specifications and Authorizing a Call for Bids. Resolution 2023-023

m. Adopt a Resolution Accepting the Wheeler Plaza Painting Project C1904 and Authorizing the Public Works Director to Issue and Record a Notice of Completion.

Resolution 2023-024

9. NEW BUSINESS

a. Consideration of Adopting a Resolution Declaring Property to be Exempt Surplus Land and Authorizing the City Manager to Execute a Disposition, Development, and Loan Agreement for the Cherry Street Commons Project with Cherry Street

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Commons, L.P. for 33 New Affordable Housing Units at 1232 and 1244 Cherry Street (Assessor’s Parcel Numbers (APNs) 050-132-110, 050-132-100, and 050-680-040).

Economic Development and Housing Manager Adam Aronson commenced the item.

Mr. Aronson, Consultant Mike Rogers, and Kate Comfort with HIP Housing responded to Council questions.

MOTION: Adopt Resolution 2023 -025 Declaring Property to be Exempt Surplus Land and Authorizing the City Manager to Execute a Disposition, Development, and Loan Agreement for the Cherry Street Commons Project with Cherry Street Commons, L.P. for 33 New Affordable Housing Units at 1232 and 1244 Cherry Street (Assessor’s Parcel Numbers (APNs) 050- 132-110, 050- 132-100, and 050-680-040.

MOVER: Ronald Collins
SECONDER: John Dugan
AYES: Collins, Dugan, McDowell, Venkatesh, Rak
NAYS: None
RESULT: Motion Passed 5 - 0

b. Consideration of Adopting a Resolution Approving the Safe Routes to School Improvement Recommendations and Maps.

City Engineer Grace Le and Consultant Courtney Wood presented on the proposed improvements to the Safe Routes to School Project and responded to Council questions.

Council provided the following feedback:
- in the next iteration of the Safe Routes to School Plan, explore adjusting the bike route to accommodate high school students
- update the map to reflect the improvements from the intersections of Woodland and Arroyo
- continue to keep Council abreast on conversations with the School Board

Public Comment

Ed Collins expressed concerns with the recommended improvements.

Sonia Elkes, resident, spoke in support of the recommendations and maps and provided suggestions to consider.

MOTION: Adopt Resolution 2023-026 Approving the Safe Routes to School Recommendations and Maps.

MOVER: Sara McDowell
SECONDER: Pranita Venkatesh
AYES: Venkatesh, Collins, Dugan, McDowell, Rak
NAYS: None

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RESULT: Motion Passed 5 - 0

Consideration of Appointing Representatives to the Airport Land Use Committee.

City Manager Jeff Maltbie updated the Council on the need to appoint a new representative to the Airport Land Use Committee.

MOTION: Appoint Councilmember Venkatesh as the Primary Representative to the Airport Land Use Committee and Vice Mayor Collins as the Alternate Representative.

MOVER: Ronald Collins
SECONDER: John Dugan
AYES: McDowell, Venkatesh, Collins, Dugan, Rak
NAYS: None
RESULT: Motion Passed 5 - 0

10. REORGANIZATION

a. Consideration of Appointment for Vice Mayor.

Vice Mayor Collins expressed his intent to step down from the Vice Mayor position due to personal reasons.

MOTION: Appoint Councilmember John Dugan as Vice Mayor.

MOVER: Ronald Collins
SECONDER: Sara McDowell
AYES: McDowell, Venkatesh, Collins, Dugan, Rak
NAYS: None
RESULT: Motion Passed 5 - 0

Vice Mayor Dugan expressed appreciation for the opportunity to serve in his new capacity.

11. AGENDA SETTING

a. Consideration of Agendizing an Item for Council to Discuss Adding a Measure to the November 2024 General Municipal Election for the City Treasurer to be an Appointed Position.

Councilmember Collins requested an opportunity for Council to discuss and consider transitioning the City Treasurer from an elected to an appointed position. Council voiced support to agendize the item and to consider removing the City Treasurer position altogether.

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12. ADJOURNMENT

The meeting adjourned at 8:47 PM.

_____________________________
Crystal Mui,
City Clerk

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CITY COUNCIL

STAFF REPORT
MEETING DATE: April 10, 2023
ITEM TITLE: Declare a City Council Summer Recess and Authorize Cancellation of the two July 2023 City Council Meetings.

RECOMMENDATION:

Staff recommends that the City Council consider a summer recess and authorize the cancellation of its July 10 and 24, 2023 regular meetings.

FISCAL IMPLICATIONS:

There will be no fiscal implications associated with cancelling the two July City Council meetings.

The City is billed at a flat monthly rate for broadcasting City Council and Planning & Transportation Commission meetings, so canceling the July meetings would not yield any cost savings.

BACKGROUND:

The City Council has declared a summer recess for the past eight years by cancelling its second meeting in July and has given authority to the City Manager to cancel the next successive meeting in August.

In 2022, the City Council cancelled its two July meetings in order to have its summer recess better align with the School District’s summer recess.

In anticipation of this summer’s proposed cancellations, staff has scheduled agenda items accordingly and will provide timely notification to the public of the cancellations.

ALTERNATIVES:

The alternatives available to the City Council include:

1. Authorize the cancellation of the City Council’s July 10 and 24, 2023 regular meetings; or

2. Do not cancel the City Council’s July 10, 2023 regular meeting and authorize the City Manager to cancel the July 24, 2023 regular meeting if it is not needed; or

3. Do not cancel the City Council’s July 10, 2023 regular meeting nor authorize the City Manager to cancel the July 24, 2023 regular meeting if it is not needed; or

4. Do not authorize the cancellation of the City Council’s July 10 and 24, 2023 regular meetings.

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Respectfully submitted by:

Crystal Mui, City Clerk
Approved for submission by:
_______________________
Jeff Maltbie, City Manager

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CITY COUNCIL

STAFF REPORT
MEETING DATE: April 10, 2023
ITEM TITLE: Accept the Quarterly Reports from City Commissions and Boards.

RECOMMENDATION:

Staff recommends that the City Council accept the Quarterly Reports from the City’s Commissions and Boards.

FISCAL IMPLICATIONS:

None for this action.

BACKGROUND:

Since 2020, the City Council receives quarterly reports from each Commission and Board, with updates on activities from the preceding period along with its member attendance report.

ANALYSIS:

Attached are the Fiscal Year 2022-23 third quarter reports from the following Commissions and Boards for the period of January 2023 through March 2023:
- Downtown Advisory Committee
- Economic Development Advisory Commission
- Museum of San Carlos History
- Parks, Recreation and Culture Commission
- Planning and Transportation Commission
- Residential Design Review Committee
- Youth Advisory Council
Attendance
The attendance report for each of the above commissions and boards is also included in the attachments. As outlined in the Commissioners’ Handbook, commission members with unexcused absences from three meetings within a fiscal year (July – June) will result in that Commission member’s seat being declared vacant. For those Commissions that are scheduled to meet less than once a month, unexcused absences from two meetings will result in that Commission member’s seat being declared vacant.

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The City Clerk has informed any member with two absences (or one in the case for Commissions that meet less than monthly) that his or her seat will be declared vacant upon an additional absence within the fiscal year.

ALTERNATIVES:

The alternatives available to the City Council include:

1. Accept the Quarterly Reports from City Commissions and Boards; or

2. Do not accept the Quarterly Reports from City Commissions and Boards; or

3. Provide staff with alternative direction.

Respectfully submitted by:

Crystal Mui, City Clerk
Approved for submission by:
_______________________
Jeff Maltbie, City Manager
ATTACHMENT(S):

1. Downtown Advisory FY2023 Q3 Report

2. Economic Development Advisory FY2023 Q3 Report

3. Museum FY2023 Q3 Report

4. Parks, Recreation and Culture FY2023 Q3 Report

5. Planning and Transportation FY2023 Q3 Report

6. Residential Design Review FY2023 Q3 Report

7. Youth Advisory FY2023 Q3 Report

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Downtown Advisory Committee (“DTAC”)
Q3 Quarterly Reports
January 3, 2023 – March 31, 2023

Summary of Accomplishments

January 25, 2023 – DTAC Meeting #4

Staff and Consulting team RRM presented draft concepts to the DTAC Members, and they participated in the interactive poll Sli -do to share their inputs. These concepts are based on the initial round of community input from last summer/fall, on an understanding of what it’s like in Downtown today and desired improvements, and in creative, flexible approaches to Downtown planning and design.

The draft concepts focused on placemaking and the “public realm,” specifically:
• Street concepts for the 600, 700, and 800 blocks of Laurel Street • Public gathering spaces, including Harrington Park and Laurel Plaza – a possible new plaza space between 600 and 622 Laurel Street
• New pedestrians “paseos,” or walkways
• Alleyway enhancements

March 13, 2023
Elisa Espinoza, At-Large DTAC Member – no longer eligible for DTAC membership due to relocation to Redwood City

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Meeting Date
James Bertram
(Alternate)
Madison
Blanton
Allie
Board
Amy
Buckmaster
Sreecharan
Chandrasekharan
Allison
Chang
Tom
Davids
Jean
Dehner
Elisa
Espinoza
Samina
Ginwalla
Anthony
Kamm
Cecile
Lee
Donna
Lera
Tracy Massaro
(Alternate)
Mark
Maxwell
Monette
Meredith
Elizabeth
Min
Maya
Nayberg
Joaquin
Pedrin
9/13/2022 P P P P P P U P P P P P P P E P P P P
Total Unexcused Absences
1st Quarter 0 0 0 0 0 0 1 - U 0 0 0 0 0 0 0 0 0 0 0 0
No Meeting held in Q2
Total Unexcused Absences
2nd Quarter 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
1/25/2023 P P P P U P P P P P E P P P U P P P P
Total Unexcused Absences
3rd Quarter 0 0 0 0 1 - U 0 0 0 0 0 0 0 0 0 1 - U 0 0 0 0 Total Unexcused Absences
This Fiscal Year 0 0 0 0 1 - U 0 1 - U 0 0 0 0 0 0 0 1 - U 0 0 0 0 P = Present
U = Unexcused Absence
E = Excused Absence
QA = Mtg canceled for lack of quorum, Commissioner wasn't able to attend QP = Mtg canceled for lack of quorum, Commissioner would have been able to attend C = Mtg Canceled for any reason other than lack of quorum Members are expected to attend all regularly scheduled meetings and should make every effort to do so. Such attendance ensures a steady flow of communication and keeps everyone abreast of current topics under discussion. Unexcused absences from three (3) Meetings within a Fiscal Year will result in that Commission member’s seat being declared vacant by the City Clerk. For those Commissions that are scheduled to meet less than once a month, unexcused absences from two (2) Meetings within a Fiscal Year will result in that Commission member’s seat being declared vacant by the City Clerk.

City of San Carlos
Downtown Advisory Committee Attendance Log

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CITY OF SAN CARLOS

ECONOMIC DEVELOPMENT ADVISORY COMMISSION (EDAC)

QUARTERLY REPORT, JAN-MAR 2023
Commissioners
Don Mancini (Chair)
Sailesh Mehra (Vice-Chair)
Kelly Hickey, Anthony Kamm, Heather Liu, Rajesh Krishnan, Madhura Kumar, Sailesh Mehra

Advisory
Al Savay, Community Development Director
Adam Aronson, Economic Development & Housing Manager
Cristian Padilla, Economic Development Coordinator
Sajuti Haque, Sr. Management Analyst

Meetings Summary

During the last quarter (January - March 2023), the EDAC held two meetings, on January 24th and March 28th.

At the January meeting, the EDAC received one presentation from staff member Al Savay on the Community Development work program. Savay explained the various divisions of the Community Development Department, ongoing projects, and the benefits negotiated with developers in the East Side community. He also provided an overview of commercial and residential development projects citywide.

Adam Aronson, Economic Development and Housing Manager, presented the 1232 Cherry Street development project, a 100% affordable housing initiative developed in collaboration with the City of San Carlos, HIP Housing, and Eden Housing. Following the presentation, Cristian Padilla, Economic Development Coordinator, shared the results of the Business Spotlight Program, displaying the interview articles posted on the City's website and professional photography granted to the businesses awarded.

At the March meeting, the EDAC received two presentations, both by Cristian Padilla. The first presentation discussed the NOFA Housing Grant Program. Afterward, the EDAC had a productive discussion on ensuring the equitable distribution of housing funds, leading to a consensus on how the funds should be allocated among the organizations that submitted applications for funding.

The second presentation provided an overview of the Third Annual Peninsula Restaurant Week, followed by a discussion on marketing and promotional strategies to increase exposure to restaurants and patrons.

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Meeting Date
Don Mancini
(Chair)
Sailesh Mehra
(Vice-Chair) Pranita Ballback* Anthony Kamm Madhura Kumar Kelly Hickey Heather Liu** Rajesh Krishnan 7/26/2022 - C
8/23/2022 P P P U P P P
9/27/2022 - C
Total Unexcused Absences 1st Quarter 0 0 0 1 - U 0 0 0
10/25/2022 P P P P P P P P
11/22/2022 - C
12/27/2022 - C
Total Unexcused Absences 2nd Quarter 0 0 0 0 0 0 0 0
1/24/2023 P P P U P P P
2/28/2023 - C
3/28/2023 E P P P P P P
Total Unexcused Absences 3rd Quarter 0 0 0 1 - U 0 0 0
Total Unexcused Absences
This Fiscal Year 0 0 0 1 - U 1 - U 0 0 0
*Ballback vacated EDAC seat and joined City Council at the end of Q2 **Liu joined as an alternate on 8/16/22, attended first meeting on 10/25/2022, and was appointed as a voting member on 1/9/2023 P = Present
U = Unexcused Absence
E = Excused Absence
QA = Mtg canceled for lack of quorum, Commissioner wasn't able to attend QP = Mtg canceled for lack of quorum, Commissioner would have been able to attend C = Mtg Canceled for any reason other than lack of quorum City of San Carlos
Economic Development Advisory Commission Attendance Log Members are expected to attend all regularly scheduled meetings and should make every effort to do so. Such attendance ensures a steady flow of communication and keeps everyone abreast of current topics under discussion. Unexcused absences from three (3) Meetings within a Fiscal Year will result in that Commission member’s seat being declared vacant by the City Clerk. For those Commissions that are scheduled to meet less than once a month, unexcused absences from two (2) Meetings within a Fiscal Year will result in that Commission member’s seat being declared vacant by the City Clerk.

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1 Museum of San Carlos History
3rd Quarter Report to the San Carlos City Council
This report covers the time period from January 1 – March 31, 2023.

The Museum Board had regularly scheduled meetings in January and March. The meetings were held via Zoom.
3rd quarter visitors to the Museum were fewer than expected due to extreme weather but there were some diehards; on non-rainy Saturdays visitor attendance continues to be very good.

Attendance
• Two City representatives were present at the January meeting. • All City representatives were present at the March meeting. • The Villagers, the Museum docent group, held a Zoom meeting on January 19. All Museum Board members attended that meeting as well.

Activities & More
 The Museum was open to the public every Saturday in during this quarter from 1:00 - 4:00 p.m.
 A new “Hearts” exhibit went up in January. A history of Eaton Hills 4-H Club will replace it at the end of March.
 The Museum Board is excited to start rotating exhibits.  An “Old Homes” picture project has begun. Old pictures of homes in San Carlos are in the process of being digitized. Once 100 pictures have been digitized, letters are sent to current home owners asking if they would like to purchase a picture of their home from earlier times.

Letters go out with each 100 digitized photos.
 The work to inventory all our exhibit items in the back room and sheds continues.  The Museum will participate with a booth at Hometown Days in May and hopefully the 1927 Seagraves fire truck will be in the parade.

The next report will be submitted at the end of the 4th quarter, June 2023.

Respectfully Submitted by,
Molly Barton
MoSH Secretary
03/23/2023

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Meeting Date Molly Barton Gordon Burton John Durkin
8/8/2022 P P P
9/20/2022 P U P
Total Unexcused Absences
1st Quarter 0 1- U 0
11/8/2022 P P P
Total Unexcused Absences
2nd Quarter 0 0 0
1/24/2023 P E P
3/21/2023 P P P
Total Unexcused Absences 3rd
Quarter 0 0 0
Total Unexcused Absences
This Fiscal Year 0 1 - U 0
P = Present
U = Unexcused Absence
E = Excused Absence
QA = Mtg canceled for lack of quorum, Commissioner wasn't able to attend QP = Mtg canceled for lack of quorum, Commissioner would have been able to attend C = Mtg Canceled for any reason other than lack of quorum City of San Carlos
Museum of San Carlos History Attendance Report
Members are expected to attend all regularly scheduled meetings and should make every effort to do so. Such attendance ensures a steady flow of communication and keeps everyone abreast of current topics under discussion. Unexcused absences from three (3) consecutive Regular Meetings, will result in that Commission member’s seat being declared vacant by the City Clerk. For those Commissions that are scheduled to meet less than once a month, unexcused absences from (2) consecutive Regular Meetings will result in that Commission member’s seat being declared vacant by the City Clerk.

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Parks, Recreation & Culture Commission
Third Quarter for FY 2023
January – March 2023

The Parks, Recreation & Culture Commission met once during the third quarter, FY 2023, on February 1, 2023. The meeting was held in-person at the San Carlos Library Community Rooms.

• Commissioners received updates on the San Carlos Museum of History Board by Chair John Durkin.
• Commissioners received a presentation on the Parks & Recreation Foundation of San Carlos by President Richard Armanino.
• Commissioners approved the proposed meeting schedule for 2023. • Commissioners received updates on CIP projects, including the City Facilities Security Cameras Project for security cameras at Arguello Park, Highlands Park, Wheeler Plaza Parking Garage, and the Corporation Yard, as well as a proposal was received to replace the outdoor court lighting at Burton Park and Highlands Park. Included are the tennis courts, basketball courts and bocce courts.
• Commissioners also received updates on Parks & Recreation programs and services.

Attendance: February 1, 2023 – All commissioners were present.

Please see attached PR&C Commission Attendance Log.

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Meeting Date John Durkin Cecile Lee Mark Maxwell Stacy Cooper Dent Tony Chao Bob Bollier* 8/10/2022 P E P P P
Total Unexcused Absences
1st Quarter 0 0 0 0 0
10/5/2022 P P P P P P
12/7/2022 P P E E E P
Total Unexcused Absences
2nd Quarter 0 0 0 0 0 0
2/1/2023 P P P P P P
Total Unexcused Absences
3rd Quarter 0 0 0 0 0 0
Total Unexcused Absences
This Fiscal Year 0 0 0 0 0 0
*Bollier (alternate) joined 10/5/22
P = Present
U = Unexcused Absence
E = Excused Absence
QA = Mtg canceled for lack of quorum, Commissioner wasn't able to attend QP = Mtg canceled for lack of quorum, Commissioner would have been able to attend C = Mtg Canceled for any reason other than lack of quorum City of San Carlos
Parks, Recreation and Culture Commission Attendance Log Members are expected to attend all regularly scheduled meetings and should make every effort to do so. Such attendance ensures a steady flow of communication and keeps everyone abreast of current topics under discussion. Unexcused absences from three (3) Meetings within a Fiscal Year will result in that Commission member’s seat being declared vacant by the City Clerk. For those Commissions that are scheduled to meet less than once a month, unexcused absences from two (2) Meetings within a Fiscal Year will result in that Commission member’s seat being declared vacant by the City Clerk.

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Planning and Transportation Commission
Q2 Quarterly Reports
January 3, 2023 – March 31, 2023

Summary of Accomplishments

The Planning and Transportation Commission held 5 meetings in the 3rd quarter of FY 2022/2023 and addressed the following items:

January 3, 2023:

1. Adopt Resolution Number PTC 2023- 01 recommending that the City Council Certify the Final Environmental Impact Report for the City of San Carlos Focused General Plan Update – APPROVED

2. Adopt Resolution Number PTC 2023- 02 recommending that the City Council repeal the City of San Carlos 2015-2023 Housing Element and to adopt the City of San Carlos 2023- 2031 Housing Element. And that the City Council approve a version allowing minor amendm ents per State requirements to meet the January 31, 2023 deadline – APPROVED

3. Adopt Resolution Number PTC 2023- 03 recommending that the City Council repeal the 2030 City of San Carlos General Plan’s Community Safety and Services Element in its entirety and replace it with the Environmental Safety and Public Services Element and adopt amendments to the 2030 City of San Carlos General Plan’s Land Use, Circulation, Environmental Management, and Noise Elements –

APPROVED

4. Adopt Resolution Number PTC 2023- 04 recommending that the City Council Introduce an Ordinance to amend the City of San Carlos’ Municipal Code, Title 18, Zoning Ordinance, Sections 18.04 – Residential Districts, 18.05 – Mixed-Use Districts, 18.20 – Parking and Loading, and 18.41 Terms and Definitions -

APPROVED

January 17, 2023:

1. Receive a presentation on the Safe Routes to School improvements and provide staff with any comments or feedback on the proposed recommendations and maps.

2. 808 Alameda de las Pulgas Townhome Development - Public Comment Hearing on the Draft Environmental Impact Report

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February 6, 2023:

Consider a Resolution Recommending the City Council Adopt an Ordinance Amendment to the City of San Carlos Municipal Code Section 18 to Regulate Laboratories with Biosafety Levels (BSL) – Continued to March 6 PTC Meeting

March 6, 2023:

1. Adopt the Resolution approving the Sign Program for the site and six industrial buildings at 1501, 1531, 1541, 1551, 1561 and 1581 Industrial Road. (APNs: 046- 240-130 and 046-240-140) – APPROVED

2. Adopt a Resolution recommending that the City Council adopt an Ordinance amending San Carlos Municipal Code Section 18 to require to prohibit BSL-4 activities and to allow for BSL-3 activities with a conditional use permit as specified in the Ordinance and as amended this evening - APPROVED

March 20, 2023

1. 888 Bransten (APNs 046-100-060, 270, and 280): Request for Design Review, Transportation Demand Management Plan, Conditional Use Permit, Tree Removal Certificate, and Grading and Dirt Haul Permit for the Development of a new 105, 416 square feet Research and Development Life Science Building - APPROVED

2. Study Session on Preliminary Objective Design Standards for Single- Family Residential Development Types.

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Meeting Date Janet Castaneda* Kristen Clements Ellen Garvey Jim Iacaponi David Roof 7/5/2022 - C
7/18/2022 - C
8/1/2022 P P P P
8/15/2022 - C
9/6/2022 P P P E
9/19/2022 P E P P P
Total Unexcused Absences
1st Quarter 0 0 0 0 0
10/3/2022 P P P P P
10/17/2022 E P P P P
11/7/2022 P P P E P
11/21/2022 P P P P P
12/5/2022 - C
12/19/2022 P P P P P
Total Unexcused Absences
2nd Quarter 0 0 0 0 0
1/3/2023 P P P P P
1/17/2023 P P P P P
2/6/2023 P P P P P
2/20/2023 - C
3/6/2023 P P E P P
3/20/2023 P P P P P
Total Unexcused Absences
3rd Quarter 0 0 0 0 0
Total Unexcused Absences
This Fiscal Year 0 0 0 0 0
*Castaneda joined 9/19/2022
P = Present
U = Unexcused Absence
E = Excused Absence
QA = Mtg canceled for lack of quorum, Commissioner wasn't able to attend QP = Mtg canceled for lack of quorum, Commissioner would have been able to attend C = Mtg Canceled for any reason other than lack of quorum City of San Carlos
Planning and Transportation Commission Attendance Log
Members are expected to attend all regularly scheduled meetings and should make every effort to do so. Such attendance ensures a steady flow of communication and keeps everyone abreast of current topics under discussion. Unexcused absences from three (3) Meetings within a Fiscal Year will result in that Commission member’s seat being declared vacant by the City Clerk. For those Commissions that are scheduled to meet less than once a month, unexcused absences from two (2) Meetings within a Fiscal Year will result in that Commission member’s seat being declared vacant by the City Clerk.

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1 Residential Design Review Committee (RDRC)
Q3 Quarterly Report
January 1, 2023– March 31, 2023

Summary of Accomplishments

The RDRC held five public hearings in the 3rd quarter of FY 2022-2023 and took the following actions:

A. Approvals: Eleven (11) applications: Six (6) new residences, One (1) new residence and ADU, One (1) new residence and JADU, and three (3) additions

Address Description Total square
footage of
residence (s.f.)
172 Bay View Drive New Residence 4,479 s.f.
916 Elm Street New Residence 2,799 s.f.
50 Arundel Road Addition 3,299 s.f.
1383 Rosewood Avenue New Residence 2,777 s.f.
2072 Eucalyptus Avenue New Residence & ADU 3,217 s.f.
815 Sunset Drive New Residence 3,422 s.f.
1526 Edmond Drive Addition 4,442 s.f.
3145 La Mesa Drive Addition 3,385 s.f.
30 Kenton Ave. New Residence & JADU 3,237 s.f.
1403 Saint Francis Way New Residence 3,211 s.f.
2081 Greenwood Avenue New Residence 3,075 s.f.

B. Continued Items: One (1) application
Address Description Total square
footage of
residence (s.f.)
329 Elm Street Addition 3,917 s.f.

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Meeting Date Ellen Garvey Eugene Sakai* John Stewart* Hae Young Datwani David Roof, Alternate 7/5/2022 P P N/A P N/A
7/18/2022 - C C C N/A C N/A
8/1/2022 P P N/A E N/A
8/15/2022 P P N/A P N/A
9/6/2022 P P N/A P N/A
9/19/2022 P P N/A P N/A
Total Unexcused Absences
1st Quarter 0 0 0 0 0
10/3/2022 - C C C N/A C N/A
10/17/2022 P P N/A P N/A
11/7/2022 - C C C N/A C N/A
11/21/2022 P P N/A E N/A
12/5/2022 P P N/A E N/A
12/19/2022 - C C C N/A C N/A
Total Unexcused Absences
2nd Quarter 0 0 0 0 0
1/3/2023 - C
1/17/2023 P P U N/A
2/6/2023 - C
2/21/2023 E P E N/A
2/28/2023 P P P P
3/62023 E P P P
3/20/2023 E P P P
Total Unexcused Absences
3rd Quarter 0 0 1 - U 0
Total Unexcused Absences
This Fiscal Year 0 0 0 1 - U 0
*John Stewart replaced Eugene Sakai as the Licensed Design Professional for RDRC meetings beginning in Q3 P = Present
U = Unexcused Absence
E = Excused Absence
QA = Mtg canceled for lack of quorum, Commissioner wasn't able to attend QP = Mtg canceled for lack of quorum, Commissioner would have been able to attend C = Mtg Canceled for any reason other than lack of quorum City of San Carlos
Residential Design Review Committee
Members are expected to attend all regularly scheduled meetings and should make every effort to do so. Such attendance ensures a steady flow of communication and keeps everyone abreast of current topics under discussion. Unexcused absences from three (3) Meetings within a Fiscal Year will result in that Commission member’s seat being declared vacant by the City Clerk. For those Commissions that are scheduled to meet less than once a month, unexcused absences from two (2) Meetings within a Fiscal Year will result in that Commission member’s seat being declared vacant by the City Clerk.

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YOUTH ADVISORY COUNCIL (YAC): QUARTERLY REPORT

January 2023 – March 2023

February 2023:
• On February 10th, the Youth Advisory Council (YAC) hosted and operated the Youth Center Valentine’s Day Dance coat and bag check for the 300 youth in attendance. • YAC began recruitment efforts for the 2023-2025 term by promoting the YAC application, creating school-wide presentations, and communicating with local schools to spread the message about applying to be a voting member on the Council.

March 2023:
• The YAC collaborated with the Community Foundation of San Carlos, San Mateo County Libraries, and the Pride Center on March 15th at the Gender Identity & Inclusion Virtual Community Workshop. YAC members moderated the interactive breakout discussions guided by questions and scenarios they constructed with the Pride Center. • The YAC partnered with the San Carlos Library on March 18th to design a collaborative community art project called the ‘Gender Tree’. The tree is located at the San Carlos Library where it can be seen throughout the month of March.

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Meeting Date Calista Savay Hannah Delizo
Alice
Finkelstein
Samina
Ginwalla Annika Gupta
Vikram
Kacholiya Maya Nayberg
Eva
McLinden Ellora Mehta
Ava
Stathacopoulo
s Ivy Zhou
Sufiya Kaul
(Alternate)
Diya Patel
(Alternate)
7/14/2022 (Summer Break)
8/24/2022 U P P P P P P P P U P P P
9/14/2022 P U P P P P P P P P P P U
Total Unexcused Absences
1st Quarter 1 - U 1 - U 0 0 1 - U 0 0 0 0 1 - U 0 0 1 - U 10/12/2022 P P P E P P P U P U P P P
11/9/2022 P U P P P P P P U P P P P
12/14/2022 - C
Total Unexcused Absences
2nd Quarter 0 1 - U 0 0 0 0 0 1 - U 1 - U 1 - U 0 0 0
1/11/2023 P P U P P P P U P P P P P
2/8/2023 P E P P P P P P P P P P U
3/8/2023 P P P P P P P P U P U P P
Total Unexcused Absences
3rd Quarter 0 0 1 - U 0 0 0 0 1 - U 1 - U 0 1 - U 0 1 - U Total Unexcused Absences
This Fiscal Year 1 - U 2 - U 1 - U 0 1 - U 0 0 2 - U 2 - U 2 - U 1 - U 0 2 - U P = Present
U = Unexcused Absence
E = Excused Absence
QA = Mtg canceled for lack of quorum, Commissioner wasn't able to attend QP = Mtg canceled for lack of quorum, Commissioner would have been able to attend C = Mtg Canceled for any reason other than lack of quorum Members are expected to attend all regularly scheduled meetings and should make every effort to do so. Such attendance ensures a steady flow of communication and keeps everyone abreast of current topics under discussion. Unexcused absences from three (3) Meetings within a Fiscal Year will result in that Commission member’s seat being declared vacant by the City Clerk. For those Commissions that are scheduled to meet less than once a month, unexcused absences from two (2) Meetings within a Fiscal Year will result in that Commission member’s seat being declared vacant by the City Clerk.

City of San Carlos
Youth Advisory Council Attendance Log

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CITY COUNCIL

STAFF REPORT
MEETING DATE: April 10, 2023
ITEM TITLE: Adopt a Resolution Authorizing the City Manager to Execute an Agreement with US Foods under the Contract with the State of California for a Contract Period Consistent with the State of California's Agreement to Purchase Food Supplies for the Adult Community Center Meal Programs and other Citywide Food Supply Purchases.

RECOMMENDATION:

Staff recommends that the City Council adopt a Resolution authorizing the City Manager to execute an agreement with US Foods under the contract with the State of California for a contract period consistent with the State of California’s agreement to purchase food supplies for the Adult Community Center Meal Programs and other citywide food supply purchases.

FISCAL IMPLICATIONS:

There is no fiscal impact associated with this recommendation nor is additional appropriation necessary at this time. The Adopted Fiscal Year 2022-23 budget for purchasing food supplies for the Adult Community Center Meal Program is $125,000. Any other food supply purchases would be charged from existing department budgets, in lieu of purchasing from Costco or other local grocery stores.

The agreement will not exceed $300,000 from now until December 31, 2024, with an option to extend three years should the State of California’s contract with US Foods extend for the same period, for a total agreement amount not to exceed $750,000. By executing an agreement with US Foods under the State of California’s contract, there will be savings for volume pricing by taking advantage of the buying power of the State of California.

BACKGROUND:

The Adult Community Center (”ACC”) has been serving meals to the senior community for over 40 years. For the majority of these years, the program consisted of a cafeteria-style model, serving approximately 100 meals per week. The ACC also hosts a monthly special luncheon for about 120 seniors and community members, in addition to senior special events throughout the year.

When the pandemic hit in March 2020, ACC staff brainstormed ways to modify the meal program to comply with health and safety guidelines at the time. By August 2020, ACC staff resumed the meal program by adopting a to-go curbside pickup program and reducing meal offerings to one meal option to streamline management of the kitchen.

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Within the first year of this new Curbside Meal Program, the number of meals served to the community exceeded 15,000, more than doubling previous annual meals served. In fall 2022, the monthly luncheon resumed to pre-pandemic attendance levels.

Currently, the monthly luncheons serve anywhere between 120 to 150 seniors and community members, and the weekday Curbside Meal Program serves between 100-220 per day. Patrons who participate in the Meal Program have expressed their appreciation for the program and desire to continue in this format in the future.

Staff has been using the City-issued credit card to source food supplies from local grocery stores.

As the program is growing, it is important to have reliable supplies and food sources as well as proper invoicing process to better track those expenses. As a result, staff has been looking for a foodservice distributor that can meet the needs of this growing program.

ANALYSIS:

US Foods is one of the leading foodservice distributors. It partners with approximately 300,000 restaurants and foodservice operators. One of its 70 locations is in Livermore where food supplies are distributed to its Bay Area customers.

The State of California entered into an agreement with US Foods, Inc. for the purchase of food items and supplies at discounted rates. The State went out for bid between October 17, 2022 and October 31, 2022. US Foods was selected and an agreement was executed on November 25, 2022.

The contract term is from November 25, 2022 through December 31, 2024, with three extension options to extend the contract for an additional one year or portion thereof. Products are in six categories and include the following:
•Category 1: Grocery, Beverage, Fruits & Vegetables, Meat, Poultry, Fish (no refrigeration required); shelf stable
•Category 2: Grocery, Beverage, Fruits & Vegetables, Eggs (refrigerated or frozen) •Category 3: Fresh Produce
•Category 4: Meat, Chicken, Seafood (refrigerated or frozen) •Category 5: Dairy
•Category 6: Kitchen Utensils & Accessories
Authorizing the City Manager to execute an agreement with US Foods and to benefit from the savings offered through the US Foods agreement with the State of California provides competitive pricing to acquire food supplies in the next two years and potentially up to five years. Under Public Contracts Code Section 10298(a), the City can take advantage of state master agreements, which allow cities to make these purchases directly from the vendors or the state agencies in making these acquisitions. To illustrate the potential for savings through consolidated purchasing, a table of price differences between US Foods and area grocery stores on some common food items is listed below. Pricing is calculated by the pound for ease of comparison.

U.S Foods Items Under State Contract
Per LB Unit
Pricing Grocery Store Items
Per LB Unit
Pricing
Provolone Cheese Sliced .75OZ Twin Pack
$

3.57 CA Select Farms Provolone Cheese, 30 slices
$

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Chicken, Diced .5" Seasoned Breast Meat
$

3.97 Tyson Red Label Diced Chicken Breast
$

4.88 Salads Mix, Spring Mix W/ Romaine
$

2.64 Organic Spring Mix
$

5.99 Tomato, #2 Grade Round Bulk Fresh
$

0.54 Loose Large Tomatoes
$

0.87 Tuna, White Albacore Solid In Water Can
Imported Shelf Stabel
$

4.94 Chicken of the Sea Solid White Albacore
Tuna in Spring Water
$

8.46 Vegetable Blend, California Normandy Frozen
$

1.41 Kirland Signature Organic Normandy
Vegetable Blend
$

2.33 Tilapia, 5-7OZ Fillet Boneless-Skinless Raw
Frozen Imported China Farmed
$

3.16 Aqua Star Farmed Tilapia Filets, 5oz-7oz
Portion
$

5.54 Meatball, Beef Pork 2OZ Italian
$

4.29 Kirkland Signature Meatballs, Italian Style
Beef
$

3.77 Roast Beef, Top Inside Round Cap-Off
$

5.66 Bar M Roast Beef
$

5.99 Turkey, Breast Meat Dome Skinless Cooked
$

4.63 Foster Farms Oil Browned Turkey Breast
$

5.09 In addition to considerable savings by piggybacking on US Foods agreement with the State of California, contracting with US Foods allows staff to pay for supplies using invoices instead of credit card transactions. This allows for better expense tracking and reduces the risk of credit card being loss, theft, or misuse.

For these reasons, staff recommends executing an agreement with US Foods.

ALTERNATIVES:

The alternatives available to the City Council include:

1. Adopt a Resolution authorizing the City Manager to execute an agreement with US Foods under the contract with the State of California for a contract period consistent with the State of California’s agreement to purchase food supplies for the Adult Community Center Meal Programs and other citywide food supplies purchases; or

2. Do not adopt the proposed Resolution; or

3. Provide staff with alternative direction.

Respectfully submitted by:

Rebecca Mendenhall, Administrative Services Director; and Amy Newby, Parks and Recreation Director
Approved for submission by:
_______________________
Jeff Maltbie, City Manager
ATTACHMENT(S):

1. Resolution

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RESOLUTION NO. 2023 – ____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN CARLOS

AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH US FOODS

UNDER THE CONTRACT WITH THE STATE OF CALIFORNIA FOR A CONTRACT PERIOD CONSISTENT WITH THE STATE OF CALIFORNIA’S AGREEMENT TO PURCHASE FOOD

SUPPLIES FOR THE ADULT COMMUNITY CENTER MEAL PROGRAMS AND OTHER CITYWIDE FOOD SUPPLY PURCHASES.

WHEREAS, the Adult Community Center has been serving meals to the senior community for over 40 years; and
WHEREAS, the monthly luncheons serve anywhere between 120 to 150 seniors and community members, and the weekday Curbside Meal Program services between 100 to 220 per day; and
WHEREAS, staff has been looking for a foodservice distributor that can meet the needs of this growing program; and
WHEREAS, US Foods is one of the leading foodservice distributors; and WHEREAS, the State of California entered into an agreement with US Foods, Inc. for the purchase of food items and supplies at discounted rates; and WHEREAS, authorizing the City Manager to execute an agreement with US Foods and piggyback on US Foods agreement with the State of California provides competitive pricing to acquire food supplies in the next two years and potentially up to five years; and WHEREAS, under the Public Contracts Code Section 10298 (a), the City can take advantage of state master agreements, which allow cities to make these purchases directly from the vendors or the state agencies in making these acquisitions; and
WHEREAS, taking advantage of the buying power of the State of California provides a savings opportunity for the City.

NOW, THEREFORE BE IT RESOLVED, that the San Carlos City Council hereby authorizes the City Manage to execute an agreement with US Foods under the contract with the State of California for a contract period consistent with the State of California’s agreement to purchase foods supplies for the Adult Community Center meal programs and other citywide food supply purchases.
* * * * *
I, City Clerk Crystal Mui, hereby certify that the foregoing Resolution was duly and regularly passed and adopted by the City Council of the City of San Carlos at a scheduled meeting thereof held on the 10th day of April 2023, by the following vote:

AYES, COUNCILMEMBERS:___________________________________________ NOES, COUNCILMEMBERS:___________________________________________

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ABSENT, COUNCILMEMBERS:___________________________________________ ________________________________
CITY CLERK of the City of San Carlos
APPROVED:
___________________________
MAYOR of the City of San Carlos

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CITY COUNCIL

STAFF REPORT
MEETING DATE: April 10, 2023
ITEM TITLE: Adopt a Resolution Accepting Grants of Public Access Easements from ARE-SAN FRANCISCO NO. 63, LLC, also known as Alexandria Real Estate, on Portions of the Properties at 825 and 845 Industrial Road.

RECOMMENDATION:

Staff recommends that the City Council adopt a Resolution accepting grants of public access easements from ARE-SAN FRANCISCO NO. 63, LLC, also known as Alexandria Real Estate, on portions of the properties at 825 and 845 Industrial Road.

FISCAL IMPLICATIONS:

Accepting the easements will have no financial impact on the City.

BACKGROUND:

An office/laboratory project has been developed on 825 and 845 Industrial Road consisting of two office/laboratory buildings and a parking garage. As part of the development, certain street frontage improvements were required, such as a turn lane, traffic signal, underground utilities, curb ramps, sidewalks, and landscaping. To accommodate all the required improvements, portions of the sidewalk along Industrial Road and Bransten Road were constructed on the private properties.

ANALYSIS:

Public access easements are needed over the private property for public access across portions of the sidewalk along Industrial Road and Bransten Road. Staff recommends the City Council adopt the Resolution accepting the grants of public access easements.

ALTERNATIVES:

The alternatives available to the City Council include:

1. Adopt the Resolution accepting grants of public access easements from ARE-SAN FRANCISCO NO. 63, LLC, also known as Alexandria Real Estate, on portions of the properties at 825 and 845 Industrial Road; or

2. Do not adopt the Resolution; or

3. Provide staff with alternative direction.

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Respectfully submitted by:

Steven Machida, Public Works Director
Approved for submission by:
_______________________
Jeff Maltbie, City Manager
ATTACHMENT(S):

1. Resolution
Exhibit A to Resolution – Easement Deed

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RESOLUTION NO. 2023 - ______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN CARLOS

ACCEPTING GRANTS OF PUBLIC ACCESS EASEMENTS FROM ARE-SAN FRANCISCO NO. 63, LLC, ALSO KNOWN AS ALEXANDRIA REAL ESTATE, ON PORTIONS OF THE PROPERTIES AT 825 AND 845 INDUSTRIAL ROAD.
___________________________________________________________________________ WHEREAS, an office/laboratory project has been developed on 825 and 845 Industrial Road consisting of two office/laboratory buildings and a parking garage; and WHEREAS, as part of the development, certain street frontage improvements were required such as a turn lane, traffic signal, underground utilities, curb ramps, sidewalks, and landscaping; and
WHEREAS, to accommodate all the required improvements, portions of the sidewalk along Industrial Road and Bransten Road were constructed on the private properties; and WHEREAS, public access easements are needed over the private property for public access across portions of the sidewalk along Industrial Road and Bransten Road.

NOW, THEREFORE BE IT RESOLVED, that the San Carlos City Council hereby accepts the grants of public access easements, described and shown on Exhibit A attached hereto and made a part hereof.
* * * * *
I, Crystal Mui, hereby certify that the foregoing Resolution was duly and regularly passed and adopted by the City Council of the City of San Carlos at a scheduled meeting thereof held on the 10th day of April 2023 by the following vote:

AYES, COUNCILMEMBERS:___________________________________________ NOES, COUNCILMEMBERS:___________________________________________ ABSENT, COUNCILMEMBERS:___________________________________________ ________________________________
CITY CLERK of the City of San Carlos
APPROVED:
___________________________
MAYOR of the City of San Carlos
Exhibit A: Easement Deed

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RECORDING REQUESTED BY:

WHEN RECORDED RETURN TO:

San Carlos City Hall
600 Elm Street
San Carlos, California 94070
Attention: Public Works Director
Burdened Parcel(s): APN: 046-140-190
825 Industrial Road, San Carlos, CA
APN: 046-140-210
845 Industrial Road, San Carlos, CA
(Space Above Line Reserved For Recorder's Use Only)
Exempt from recording fees per Government Code Sec. 27383; Exempt from documentary transfer tax per Revenue & Taxation Code Sec. 11922.

EASEMENT DEED
(Public Pedestrian Access (Bransten Road))
This EASEMENT DEED (this "Deed") is made as of February ..2_, 2023, by ARE-SAN FRANCISCO NO. 63, LLC, a Delaware limited liability company ("Grantor"), in favor of the CITY OF SAN CARLOS, a municipal corporation (the "City").

RECITALS
A. Grantor is the owner of certain real property located in the City of San Carlos, County of San Mateo, State of California, commonly known as 825 and 845 Industrial Road and more fully described in Exhibit "1" attached to and incorporated into this Deed (the "Burdened Property"). An office / laboratory project and a garage have been developed on the Burdened Property (the "Project").

B. As a condition to the City's approval of the design of the Project and the City's issuance of the permits, licenses, and approvals necessary to develop the Project in accordance with such design, the City required Grantor to construct a public sidewalk (the "Sidewalk") along the existing public right-of way adjacent to the Burdened Property commonly known as Bransten Road ("Bransten Road").

C. As designed and constructed, the Sidewalk is located entirely within the Burdened Property. Accordingly, the City is requiring a perpetual easement over the affected portions of the Burdened Property in order to provide the public the necessary pedestrian access rights over the Sidewalk. Grantor is willing to grant the City such an easement, subject to the terms and conditions more particularly set forth in this Deed.

AGREEMENT
NOW, THEREFORE, Grantor hereby declares that the Burdened Property is to be held, conveyed, hypothecated, encumbered, leased, rented, used, occupied, and improved subject to the following limitations, restrictions, reservations, rights, easements, conditions, and covenants, all of which are imposed as equitable servitudes upon the Burdened Property. All of the limitations, restrictions, reservations, rights, easements, conditions, and covenants in this Deed (i) shall be for the benefit of the City and shall run with, be binding on, and burden the Burdened Property and all persons having or acquiring any right, title, or interest in the Burdened Property, and (ii) shall not be affected by a merger of estates, but shall constitute a special restriction as to the affected property that runs with the land.

Esmt Deed [Bransten Rd PAE] [825-845 Industrial] v4

EXHIBIT A

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1. Easement.
(a) Grantor, on its own behalf and on behalf of any future owner(s) of record of the fee interest in the Burdened Property and any existing and future holder(s) of record of a ground leasehold interest in the Burdened Property (as applicable, the "Burdened Property Owner"), hereby grants a non-exclusive easement (the "Easement") on, over, and across the portions of the Burdened Property described in Exhibit "A" attached to and incorporated into this Deed and depicted on Exhibit "B" attached to and incorporated into this Deed (the "Easement Area"), solely for the purpose of public, non motorized pedestrian access (the "Easement Purpose"). No other entry or activities upon or use of any part of the Burdened Property by the City or the public shall be permitted. (b) Nothing in this Deed shall be construed to change or alter the boundary lines of the Burdened Property and/or Bransten Road.
(c) Grantor, on behalf of each Burdened Property Owner, hereby reserves all rights to use the Easement Area in any manner that does not materially impair or interfere with the use of the Easement Area for the Easement Purpose.
(d) The Burdened Property Owner, at its sole cost and expense, shall maintain, repair, and/or replace (if necessary) all portions of the Sidewalk located within the Easement Area.

Except to the extent deemed necessary or appropriate in connection with any such maintenance, repair, or replacement, the Burdened Property Owner shall not demolish and/or remove any public sidewalk improvements within the Easement Area without the prior written consent of the City. (e) Each Burdened Property Owner shall indemnify, defend, and hold harmless the City, its council members, and all officers, employees, and agents of each of them (acting in their official capacities) from and against any and all claims, suits, actions, judgments, liabilities, injuries, demands, losses, damages, costs, and expenses (including, but not limited to, reasonable attorneys' fees) incurred in connection with or arising from any accident, injury to or death of a person, or loss of or damage to property caused, in whole or in part, by any Burdened Property Owner's negligence or willful misconduct with respect to the maintenance, repair, or replacement of any portions of the Sidewalk located within the Easement Area.

2. Term. The Easement shall commence on the date this Deed is recorded in the Official Records of the County of San Mateo, State of California, and shall continue in perpetuity.

3. Severability. If any provision or any part of this Deed is for any reason held to be invalid, unenforceable, or contrary to any public policy, law, statute, and/or ordinance, then the remainder of this Deed shall not be affected thereby and shall remain valid and fully enforceable.

4. No Joint Venture. Nothing in this Deed creates or is intended to create an association, trust, partnership, or joint venture between the Burdened Property Owner and the City.

5. Exculpation. The City shall not have any claim or cause of action against any disclosed or undisclosed principal, shareholder, trustee, member, director, officer, employee, partner, parent, subsidiary, or other affiliate of the Burdened Property Owner, or any principal, shareholder, trustee, member, director, officer, employee, or partner of any such parent, subsidiary, or other affiliate, arising out of or in connection with this Deed. This Section shall survive any termination of the Easement.

6. Governing Law. This Deed shall be governed by and construed and enforced in accordance with the laws of the State of California, without regard to its principles of conflicts of law.

7. No Easement By Implication or Prescription. Nothing contained in this Deed shall be deemed to grant or establish any other easement by implication or prescription, it being the intention that this Deed be strictly limited to and for the purposes expressed. Grantor, on behalf of each Burdened Property Owner, hereby reserves the right to record, post, and/or publish any notice referred to in Sections 813, 1008, and/or 1009 of the California Civil Code.

Esmt Deed [Bransten Rd PAE] [825-845 Industrial] v4 2

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8. Complete Deed. This Deed contains the entire understanding and agreement between the parties with respect to the use of the Easement Area for the Easement Purpose, and all prior and contemporaneous understandings and agreements between the parties with respect to the same, whether oral or written, are merged herein and are of no further force or effect. [ Remainder of Page Intentionally Blank]
Esmt Deed [Bransten Rd PAE] [825-845 Industrial] v4 3

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IN WITNESS WHEREOF, this Deed was made and executed as of the date first above written.

GRANTOR
ARE-SAN FRANCISCO NO. 63, LLC,
a Delaware limited liability company
By: Alexandria Real Estate Equities, L.P.,
a Delaware limited partnership, Managing Member
By: ARE-QRS Corp.,
a Maryland corp ration, General Partner
By:

Scott .

Vice PFesideAt
Print Title: Real Estate L~ Affairs
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA
couNTY oF l-cs R n~~es
SS.

On February 'f?, 2023, before me, f f
1 ~Q. ~- ~~,e--L , a Notary Public in and
for said State, personally appeared S~+ ~ r ,= who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

My commission number is: J D \ C\ ri C't J
My commission expires: \ / a~ / ol ~
J············ •. ERIKA S. V4LOEZ
-&,' Notary Public • Caltfomla f i Los "•'•• County i
• . Commission# 2319797 -
• •' My Comm. Ex~l•N J•• 25. 2024
(THIS AREA FOR OFFICIAL NOTARIAL SEAL)
Esmt Deed [Bransten Rd PAE] [825-845 Industrial] v4 4

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CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed to the City of San Carlos by the Easement Deed (Public Pedestrian Access (Industrial Road)) dated _______ , 202_, from ARE-San Francisco No. 63, LLC, is hereby accepted in accordance with [Resolution] [Motion] [Ordinance] No. _______ adopted by the City Council of the City of San Carlos on ______ _ 202_, and the City consents to recordation thereof by its duly authorized officer.

Dated: ______ , 202_
By:

City Clerk of the City of San Carlos
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA

COUNTY OF
ss.

On _______ , 202_, before me, _____________ , a Notary Public in and for said State, personally appeared _____________ , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

My commission number is: _______ _
My commission expires: ________ _
(Notary Signature) (THIS AREA FOR OFFICIAL NOTARIAL SEAL) Esmt Deed [Bransten Rd PAE] [825-845 Industrial] v4 5

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EXHIBIT 1
Legal Description of Burdened Property
The land referred to herein is situated in the City of San Carlos, County of San Mateo, State of California, and is described as follows:

Parcels 1 and 3, as shown on that certain map entitled "821-887 Industrial Road Parcel Map" filed on July 2, 2018, in Book 84 of Parcel Maps, at Pages 3 through 10, inclusive, San Mateo County Records.

APNs: 046-140-190, as to Parcel 1; and
046-140-210, as to Parcel 3
[The foregoing legal description does not include any exceptions or reservations or any easements or other rights that may be appurtenant to such real property] Esmt Deed [Bransten Rd PAE] [825-845 Industrial] v4

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EXHIBIT A
Legal Description of Easement Area
[ See Following Page(s)]
Esmt Deed [Bransten Rd PAE] [825-845 Industrial] v4 1

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I~ :.:-.,
Bkf

ENGINEERS

SURVEYORS

PLANNERS
100+
YEARS
4670 Willow Road
Suite 250
Pleasanton
California 94588
phone 925.396.7700
fax 925.396.7799
www.bkf.com
December 7, 2022
BKF Job No: 20150033

EXHIBIT A

LEGAL DESCRIPTION
Real property situate in the City of San Carlos, County of San Mateo, State of California, described as follows:

Being a portion of Parcels 1 and 3 as shown on that certain map entitled "821-887 Industrial Road Parcel Map" filed on July 2, 2018 in Book 84 of Parcel Maps at Pages 3 through 10, inclusive, more particularly described as follows:

COMMENCING at the intersection of Industrial Road and Bransten Road described as show on said Parcel Map;
Thence along the centerline of Industrial Road as shown on said Parcel Map South 35°57'58" East, 26.56 feet;
Thence perpendicular from the last described course North 54°02'02" East, 40.00 to a point on the northeasterly line of said Industrial Road, said point being also the TRUE POINT OF BEGINNING (TPOB);
-
Thence along said northerly line South 35°57'58" East, 5.00 feet; Thence leaving said northerly line the following fifteen (15) courses:
1) North 48°52'19" East, 164.72 feet;
2) South 41 °07'41" East, 14.00 feet;
3) North 89°26'47" East, 8.87 feet;
4) North 48°52'18" East, 115.91 feet;
5) North41°07'51" West, 19.75 feet;
6) North 48°52'53" East, 99.79 feet;
7) North 41 °03'07" West, 5.00 feet;
8) South 48°52'52" West, 96.83 feet;
9) North 41 °06'41" West, 0.51 feet;
10) South 48°53'19" West, 7.96 feet;
11) South 41 °07'4 l" East, 19 .51 feet;
12) South 48°52'19" West, 109.93 feet;
13) South 89°26'47" West, 3.79 feet;
14) North 41 °0714-1-'1--West-,l-6;-53-f-eet~, ---------------------- 15) South 48°52'19" West, 169.10 feet to the TRUE POINT OF BEGINNING.

Containing 2,197 square feet, more or less.

As shown on plat attached hereto and by this reference made part hereof as Exhibit B.

For: BKF Engineers
Davis Thresh, P.L.S. No. 6868
'£. 1, -z_oz,z__
Dated

Page 1 of 1 ends

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EXHIBIT B
Map of Easement Area
[ See Following Page(s)]
Esmt Deed [Bransten Rd PAE] [825-845 Industrial] v4

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BASIS OF BEARINGS
__ _,,_ ___ _,_ ____ NORTH 35'57'58" WEST, BEING THE CENTERLINE

OF INDUSTRIAL ROAD AS SHOWN ON THAT
CERTAIN MAP ENTITLED "821-887 INDUSTRIAL
ROAD PARCEL MAP" FILED ON JULY 2, 2018 IN
BOOK 84 OF PARCEL MAPS AT PAGES 3
THROUGH 10, INCLUSIVE
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4670 WILLOW RD
SUITE 250
LEGEND
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POINT OF COMMENCEMENT

BOOK AND PAGE OF PARCEL MAPS

TRUE POINT OF BEGINNING

MONUMENT AS SHOWN ON PARCEL MAP
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= LOT LINE

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BASIS OF BEARINGS
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Subject EXHIBIT B

PLAT TO ACCOMPANY LEGAL DESCRIPTION
PLEASANTON, CA 94588 Job No. 20150033
925-396- 7700 By KH Date 12/7 /22 Chkd.WS 925-396- 7799 (FAX) SHEET 1 OF 4

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DIRECTION
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L2 N41'06'41"W 0.51'
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L4 S41"07'41 "E 19.51'
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Job No. 20150033
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RECORDING REQUESTED BY:

WHEN RECORDED RETURN TO:

San Carlos City Hall
600 Elm Street
San Carlos, California 94070
Attention: Public Works Director
Burdened Parcel(s): APN: 046-140-190
825 Industrial Road, San Carlos, CA
APN: 046-140-200
835 Industrial Road, San Carlos, CA
(Space Above Line Reserved For Recorder's Use Only)
Exempt from recording fees per Government Code Sec. 27383; Exempt from documentary transfer tax per Revenue & Taxation Code Sec. 11922.

EASEMENT DEED
(Public Pedestrian Access (Industrial Road))
This EASEMENT DEED (this "Deed") is made as of February .:g__, 2023, by ARE-SAN FRANCISCO NO. 63, LLC, a Delaware limited liability company ("Grantor"), in favor of the CITY OF SAN CARLOS, a municipal corporation (the "City").

RECITALS
A. Grantor is the owner of certain real property located in the City of San Carlos, County of San Mateo, State of California, commonly known as 825 and 835 Industrial Road and more fully described in Exhibit "1" attached to and incorporated into this Deed (the "Burdened Property"). An office I laboratory project has been developed on the Burdened Property (the "Project").

C. As designed and constructed, portions of the Sidewalk are located within the Burdened Property. Accordingly, the City is requiring a perpetual easement over such portions of the Burdened Property in order to provide the public the necessary pedestrian access rights over the entire Sidewalk.

Grantor is willing to grant the City such an easement, subject to the terms and conditions more particularly set forth in this Deed.

Esmt Deed [Industrial Rd PAE] [825-845 Industrial] v6 1

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1 . Easement.
(a) Granter, on its own behalf and on behalf of any future owner(s) of record of the fee interest in the Burdened Property and any existing and future holder(s) of record of a ground leasehold interest in the Burdened Property (as applicable, the "Burdened Property Owner"), hereby grants a non-exclusive easement (the "Easement") on, over, and across the portions of the Burdened Property described in Exhibit "A" attached to and incorporated into this Deed and depicted on Exhibit "B" attached to and incorporated into this Deed (the "Easement Area"), solely for the purpose of public, non motorized pedestrian access (the "Easement Purpose"). No other entry or activities upon or use of any part of the Burdened Property by the City or the public shall be permitted. (b) Nothing in this Deed shall be construed to change or alter the boundary lines of the Burdened Property and/or Industrial Road.
(c) Granter, on behalf of each Burdened Property Owner, hereby reserves all rights to use the Easement Area in any manner that does not materially impair or interfere with the use of the Easement Area for the Easement Purpose.
(d) The Burdened Property Owner, at its sole cost and expense, shall maintain, repair, and/or replace (if necessary) all portions of the Sidewalk located within the Easement Area.

2. Term. The Easement shall commence on the date this Deed is recorded in the Official Records of the County of San Mateo, State of California, and shall continue in perpetuity.

4. No Joint Venture. Nothing in this Deed creates or is intended to create an association, trust, partnership, or joint venture between the Burdened Property Owner and the City.

6. Governing Law. This Deed shall be governed by and construed and enforced in accordance with the laws of the State of California, without regard to its principles of conflicts of law.

7. No Easement By Implication or Prescription. Nothing contained in this Deed shall be deemed to grant or establish any other easement by implication or prescription, it being the intention that this Deed be strictly limited to and for the purposes expressed. Granter, on behalf of each Burdened Property Owner, hereby reserves the right to record, post, and/or publish any notice referred to in Sections 813, 1008, and/or 1009 of the California Civil Code.

Esmt Deed [Industrial Rd PAE] [825-845 Industrial] v6 2

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IN WITNESS WHEREOF, this Deed was made and executed as of the date first above written.

Print Title:
cott A. Sherwood
Vic& r;>r:eeident
Real Estate Lega4 Affairs
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA
couNTY oF Lo5 A n~Q.,,\e cs
SS.

On February '-£ , 2023, before me, ,..=C,.1....;L...!..::l><=>--'"""'-''--......,.,'-"-'--'""'+-""'--=-=---· a Notary Public in and for said State, personally appeared __,,...t.1.,,._,_4--JL--A..,__........,-+-1==-.....,,,.ci..,,,,!.3.4----, who proved to me on the basis of satisfactory evidence to be the person s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

My commission number is: J 3 l C\ 1 Of 1
My commission expires: I / f) 5' I at../
Esmt Deed [Industrial Rd PAE] [825-845 Industrial] v6 4 (THIS AREA FOR OFFICIAL NOTARIAL SEAL)

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Packet Pg. 55

Dated: ______ , 202_
By:

STATE OF CALIFORNIA

COUNTY OF
SS.

I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

My commission number is: _______ _
My commission expires: ________ _
(Notary Signature) (THIS AREA FOR OFFICIAL NOTARIAL SEAL) Esmt Deed [Industrial Rd PAE] [825-845 Industrial] v6 5

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EXHIBIT 1
Legal Description of Burdened Property
The land referred to herein is situated in the City of San Carlos, County of San Mateo, State of California, and is described as follows:

Parcels 1 and 2, as shown on that certain map entitled "821-887 Industrial Road Parcel Map" filed on July 2, 2018, in Book 84 of Parcel Maps, at Pages 3 through 10, inclusive, San Mateo County Records.

APNs: 046-140-190, as to Parcel 1; and
046-140-200, as to Parcel 2
[The foregoing legal description does not include any exceptions or reservations or any easements or other rights that may be appurtenant to such real property] Esmt Deed [Industrial Rd PAE] [825-845 Industrial] v6 1

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EXHIBIT A
Legal Description of Easement Area
[ See Following Page(s)]
Esmt Deed [Industrial Rd PAE] [825-845 Industrial] v6

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I~ 11-.,
Bkf

ENGINEERS

SURVEYORS

PLANNERS
100+
YEARS
4670 Willow Road
Suite 250
Pleasanton
California 94588
phone 925.396.7700
fax 925.396.7799
www.bkf.com
December 7, 2022
BKF Job No: 20150033

EXHIBIT A

LEGAL DESCRIPTION
Real property situate in the City of San Carlos, County of San Mateo, State of California, described as follows:

Being a portion of Parcels 1 and 2 as shown on that certain map entitled "821-887 Industrial Road Parcel Map" filed on July 2, 2018 in Book 84 of Parcel Maps at Pages 3 through 10, inclusive, more particularly described as follows:

AREAi
COMMENCING at the southwesterly terminus of the centerline ofBransten Road described as "N48°53 '53"E, 455.80'" on said Parcel Map;
Thence along the centerline of Industrial Road as shown on said Parcel Map South 35°57'58" East, 139.75 feet;
Thence perpendicular from the last described course North 54°02'02"-East, 40.00 feet to a point on the northeasterly line of said Industrial Road, said point being also the beginning of a curve to the left, having a radius of 15.00 feet, from said point a radial line bears North 15°12'52 11 East
being the TRUE POINT OF BEGINNING (TPOBl);
Thence leaving said northeasterly line the following sixteen (16) courses:
1) Easterly along said curve, through a central angle of 9°21'22 11 , a distance of 2.45 feet to
the beginning of a reverse curve, having a radius of 15.00 feet, from said point a radial line bears South 5°51'30
11 West;
2) Southeasterly along said curve, through a central angle of 48°11 '23", an arc length of

12.62 feet;
3) South 35°57'07
11 East, 80.00 feet to the beginning of a tangent curve to the right, having a radius of 15.00 feet, from said point a radial line bears South 54°02'53 11 West;
4) Southerly along said curve, through a central angle of 27°41 1 19
11 , an arc length of 7.25
feet to the beginning of a reverse curve, having a radius of 15.00 feet, from said point a radial line bears North 81 ° 44' 12" East;
5) Southerly along said curve, through a central angle of 26°57 1 36
11 , an arc length of 7.06
feet to the beginning of a compound curve, having a radius of 844.85 feet, from said point a radial line bears North 54°46'36" East;
6) Southeasterly along said curve, through a central angle of 5°00'02", an arc length of

73.74 feet to the beginning of a reverse curve, having a radius of 957.50 feet, from said point a radial line bears South 49°46'34
11 West;
7) Southeasterly along said curve, through a central angle of 3°31 'l 1 11 , an arc length of

58.82 feet to the beginning of a compound curve, having a radius of 15.00 feet, from said point a radial line bears South 53°17'45
11 West;
8) Southerly along said curve, through a central angle of 38°55'16", an arc length of 10.19 feet to the beginning of a reverse curve, having a radius of 15. 00 feet, from said point a radial line bears South 87°46'59
11 East;
9) Southerly along said curve, through a central angle of 38°10'08", an arc length of

9.99 feet;
10) South 35°57'07" East, 152.47 feet;
11) North 54°29'17
11 East, 7.24 feet;
12) South 35°56'33" East, 6.08 feet;

Page 1 of 2 ends

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Packet Pg. 59

.-
I~ ::-.,
Bkf

ENGINEERS

SURVEYORS

PLANNERS
100+
YEARS
4670 Willow Road
Suite 250
Pleasanton
California 94588
phone 925.396.7700
fax 925.396.7799
www.bkf.com
December 7, 2022
BKF Job No: 20150033
13) South 67°43'50" East, 13.29 feet;
14) South 31°50'38" East, 7.84 feet;
15) South 54°01 '57'' West, 3.39 feet to the beginning of a non-tangent curve, concave north, having a radius of 14.50 feet, from said point a radial line bears North 37°04'45" West; 16) Westerly along said curve, through a central angle of 54°10'33", an arc length of

13. 71 feet to the northeasterly line of Industrial Road; Thence along said northeasterly line North 35°57'58" West, 429.82 feet to the TRUE POINT OF BEGINNING.

Containing an area of 1,989 square feet, more or less.

AREA2
COMMENCING at the centerline intersection of Industrial Road and Commercial Street intersection as shown on said Parcel Map;
Thence along the centerline of Industrial Road South 35°57'58" East, 16.06 feet; Thence perpendicular from the last described course North 54°02'02" East, 40.00 feet to a point on the northeasterly line of said Industrial Road, said point being also the beginning of a curve to the right, having a radius of20.00 feet, from said point a radial line bears South 83°06'42" East, said point being also the TRUE POINT OF BEGINNING (TPOB2); Thence leaving said northeasterly line the following three (3) courses:
1) Northerly along said curve, through a central angle of28°46'37", a distance of 10.05 feet; 2) South 34°04'05" East, 18.57 feet;
3) South 15°08'09" West, 9.95 feet to the northeasterly line of Industrial Road; Thence North 35°57'58" West, 19.43 feet to the TRUE POINT OF BEGINNING.

Containing an area of 155 square feet, more or less.

The cumulative area of Area 1 and 2 being 2,144 square feet, more or less.

As shown on plat attached hereto and by this reference made part hereof as Exhibit B.

For: BKF Engineers
Ct.:C 2r :2
Davis Thresh, P.L.S. No. 6868

Page 2 of 2 ends

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Packet Pg. 60

EXHIBIT B
Map of Easement Area
[ See Following Page(s)]
Esmt Deed [Industrial Rd PAE] [825-845 Industrial] v6

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April 10, 2023

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i
S EET 2
I
POC1
------

BRANSTEN ROAD
___ BASIS OF BEARINGS
TPOB1
.......__
'PARCEL J
84 PM 3
NORTH 35'57'58" WEST, BEING THE CENTERLINE

OF INDUSTRIAL ROAD AS SHOWN ON THAT
CERTAIN MAP ENTITLED "821-887 INDUSTRIAL
ROAD PARCEL MAP" FILED ON JULY 2, 2018 IN
BOOK 84 OF PARCEL MAPS AT PAGES 3
THROUGH 10, INCLUSIVE
LEGEND
POC =
PM =
TPOB =
@ =

POINT OF COMMENCEMENT

BOOK AND PAGE OF PARCEL MAPS

TRUE POINT OF BEGINNING

MONUMENT AS SHOWN ON PARCEL MAP
= CENTERLINE
= EASEMENT LINE
= LOT LINE
SH ET 3-------

PUBLIC ACCESS EASEMENT
AREA1
1,989 SQ. FT.±
SHEET 4-+----a----t- ....

40.00 ,---t----JL

40.00 PARCEL 2
84 PM 3
POC2
TPOB2

PUBLIC ACCESS EASEMENT
AREA2
-------155 SQ. FT.±
80 0 40
~--• l
I
ENGINEERS . SURVEYORS . PLANNERS
4670 WILLOW RD
SUITE 250
PLEASANTON, CA 94588
925-396-7700
925-396- 7799 (FAX)
( SCALE IN FEET)
Subject EXH I 8 IT B

PLAT TO ACCOMPANY LEGAL DESCRIPTION
Job No. 20150033
By MGR Date 12/7 /22 Chkd.W"""Sa,.___
SHEET 1 OF 4-'-----

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CURVE TABLE

RADIUS DELTA
C1 15.00' 9·21·22"
C2 15.00' 4s·11 '23"
C3 15.00' 27'41'19"
LENGTI-t

2.45'

12.62'
I

7.25'
POC1
I
/ lO
"
~ TPOB1
P
.
_N~·o2~"£

40.00' -
C4 15.00' 26.57'36" 7.06'
(/) ~
c., J .....
z·
- C\J a::m <t I()
~:i:
j u.. &:,
0 I()
(/) " D5 i'1 I()
<t ,.,.,I £Dz
I
I
I
I
- 40.00
I
I
-
I
I
Bkf IQQi
ENGINEERS . SURVEYORS . PLANNERS

40.00 ----
4670 WILLOW RD
SUITE 250
PLEASANTON, CA 94588
925-396- 7700
925-396- 7799 (FAX)
0 0
0 co
LLJ ::
" 0
" i'1
I() ,.,.,
(/)

PARCEL J
84 PM 3

PUBLIC ACCESS

EASEMENT
AREA1
1,989 SQ. FT.±
20 0 10
C:~ll•t:•:.•■•~11111111!
(SCALE IN FEET)
Subject EXHIBIT B

PLAT TO ACCOMPANY LEGAL DESCRIPTION
Job No. 20150033
By MGR Date 12/7 /22 Chkd.W,..,_,S"----
SHEET 2 OF 4-'-----

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April 10, 2023

Packet Pg. 63

I
I

CURVE TABLE

RADIUS DELTA LENGTH
I C5 15.00' 38'55'16" 10.19'
C6 15.00' 38'10'08" 9.99'
I
(/) -I 0~ z: .
- "' ~ 0)
I
LL. CX)
0 Ii)
(/) r-...

V5 ~
I
I
a
i
~
-J
:5
IE
(f)
:::> a z -~;11
<( Ii)
I
Cl)~
I 40.00 -
I
I
I
~Bkf 1 0 •
ENGINEERS . SURVEYORS . PLANNERS
I
'
I
I
- 40.00 -
I
I
4670 WILLOW RD
SUITE 250
PLEASANTON, CA 94588
925-396- 7700
925-396- 7799 (FAX)
"' (X)
O>
~
3: ::
(X)
I{)
" ~
I{)
I")
z:
'

PARCEL J
84 PM 3
(R)s49·4s•34"w
-----
o:: -
I{) ;::: "'
r-,.:;;; ~
I{) • CX)
0) I") I.{)
11 fl II
~ <I-'

PUBLIC ACCESS
1 ~EASEMENT
~[/ AREA 1
1,989 SQ. FT.±
_ (R)ss3·1 r4s"w
-{J --
PARCEL 2
84 PM 3
~
~
I I
,.......
~
/~ ~
I{) .,.._
u.J 60 0
1--- ~----0
r-...
--~
I{)
(SCALE IN FEET)
I"')
(/)
Subject EXHIBIT B

PLAT TO ACCOMPANY LEGAL DESCRIPTION
Job No. 20150033
30 i
By MGR Date 12/7 /22 Chkd.WS '-'-=---
SHEET 3 OF 4~---

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Packet Pg. 64

CURVE TABLE

RADIUS DELTA LENGTH
C7 14.50' 54'10'33" 13.71'
CB 20.00' 28'46'37" 10.05'
I
I
I
;....
-.:I-
C\J . I()
C\J ,-
QJ w 0) 1---C\J
-.:I- _o
3: " ~ : I() QJ
I()
,,,
;.... (/)
~

I() ,,,
PARCEL 2
84 PM 3
- - 40.00 z

40.00---i PUBLIC ACCESS

EASEMENT
COMMERCIAL POC2
STREET
/I
n;
/~
60 0 30
~ -----
!
(SCALE IN FEET)
L~BkJIO
+
ENGINEERS . SURVEYORS . PLANNERS
(/) .
c., ~
z· -C\J
~ 0)
<( I()
~ 3:l
lJ.. kl
0 I()
(/);....
-~ (/) I()
<(,,,
Olz
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l.

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QJ co
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i er
...J
~
fE
(f)
.::,
C)
z -
~~ u'c9
"'
~.
06',
AREA1
1,989 SQ. FT.±
N54"29'17"E

7.24'
s35•55'33"E

6.08'
s31 ·so•3s"E

7.84'
S54"01 '57"W

3.39'
;.... . 'Sr
lO ~ '\(~~ • I
~/L. _N~2•02"E
(/)

40.0(t -
I
I
4670 WILLOW RD
SUITE 250
TPOB2
PLEASANTON, CA 94588
925-396- 7700
925-396-7799 (FAX)
S34"04'05"E

18.57'

PUBLIC ACCESS

EASEMENT
AREA2
155 SQ. FT.±
s15·oa•o9"w

9.95'
Subject EXHIBIT B

PLAT TO ACCOMPANY LEGAL DESCRIPTION
Job No. 20150033
By MGR Date 12/7 /22 Chkd.W'"""'S~-
SHEET 4 OF 4~--

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Packet Pg. 65

CITY COUNCIL

STAFF REPORT
MEETING DATE: April 10, 2023
ITEM TITLE: Adopt a Resolution Appropriating $30,793 from the Wastewater Fund (Fund 006) in Fiscal Year 2022-23 to C1752; Awarding the 2023 Sewer System Root Foaming Project; Authorizing the City Manager to Execute a Public Project Agreement with Duke’s Root Control, Inc. of Elgin, Illinois in the Amount of $171,327.43; and Authorizing the Expenditure of Contingency up to the Project Budget.

RECOMMENDATION:

Staff recommends that the City Council adopt a Resolution appropriating $30,793 from the Wastewater Fund (Fund 006) in Fiscal Year (“FY”) 2022-23, awarding the 2023 Sewer System Root Foaming Project (“Project”), authorizing the City Manager to execute a Public Projects Agreement with Duke’s Root Control, Inc. of Elgin, Illinois in the amount of $171,327.43, and authorizing the expenditure of a contingency up to the Project budget.

FISCAL IMPLICATIONS:

The Project is funded out of C1752, which has a budget of $175,000 this FY 2022-23. An additional appropriation of $30,793 is needed from Wastewater Fund (Fund 006) in FY 2022-23 to award the Project for the total bid amount with a 20% contingency. There are sufficient funds available in Fund 006 to cover this request.

Contract Amount $171,327.43
20% Contingency 34,265.49
Total Project Amount $205,592.92
Adopted Budget $175,000
YTD Expenditures -200
Available Project Budget $174,800
Additional Appropriation Needed 30,793
Adjusted Project Budget $205,593
BACKGROUND:

Over the past eight years, the City's maintenance staff has managed the root control program on an as-needed basis. However, the City's engineering staff has taken over the root control program to address the large number of sewer mains with root intrusion and to coordinate repairs with the future annual sewer rehabilitation projects.

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Sewer line rehabilitation and replacement are still the City's primary means of repairing sewer line defects, but the use of chemical root control can be effective in reducing and preventing root defects until the complete repair or replacement of the pipe is scheduled. Root intrusion inside sanitary sewer mains is a significant cause of sanitary sewer overflows (“SSOs”) in San Carlos, causing approximately 25 to 30 percent of SSOs annually.

Root foaming effort helps to minimize and prevent SSOs in the sewer system. Prioritization of sewer lines depends upon the specific sewer basin, the number of root defects as identified by Closed Circuit Television inspections, and the number of blockages caused by roots from maintenance history, and maintenance staff.

The chemical used for root treatment has approval from the Environmental Protection Agency and Silicon Valley Clean Water. In addition, the chemical is non-toxic and does not require the removal of the trees or impair their health.

ANALYSIS:

For this project, staff has identified Basins 1 and 10 for root control treatment due to their maintenance history.

On February 28, 2023, the City advertised for bids for construction for the Project and bids were opened on March 21, 2023. Only one bid was received with the following result:

Contractor Bid Amount
Engineer’s Estimate $165,005.00
Duke’s Root Control, Inc $171,327.43
The lowest responsible and responsive bid was submitted by Duke’s Root Control, Inc. in the amount of $171,327.43. The receipt of only one bid is attributed to the City’s requirement of a non-toxic and EPA approved chemical agent for treatment.

After bid evaluation staff recommends awarding the contract to Duke’s Root Control, Inc.

Additionally, staff recommends appropriating $30,793 from Wastewater Fund (Fund 006) in FY 2022-23 to award the total bid amount with a 20% contingency. A 20% contingency is requested as the total linear feet of sanitary sewer main being treated may vary.

ALTERNATIVES:

The alternatives available to the City Council include:

1. Adopt a Resolution appropriating $30,793 from the Wastewater Fund (Fund 006) in FY 2022-23, awarding the 2023 Sewer System Root Foaming Project, authorizing the City Manager to execute a Public Projects Agreement with Duke’s Root Control, Inc. of Elgin, Illinois in the amount of $171,327.43, and authorizing the expenditure of a contingency up to the Project budget; or

2. Do not adopt the Resolution; or

3. Provide staff with alternative direction.

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Respectfully submitted by:

Steven Machida, Public Works Director
Approved for submission by:
_______________________
Jeff Maltbie, City Manager
ATTACHMENT(S):

1. Resolution

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RESOLUTION NO. 2023 – ____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN CARLOS APPROPRIATING $30,793 FROM THE WASTEWATER FUND (FUND 006) IN FISCAL YEAR 2022-23 TO C1752; AWARDING THE 2023 SEWER SYSTEM ROOT FOAMING PROJECT;

AUTHORIZING THE CITY MANAGER TO EXECUTE A PUBLIC PROJECT AGREEMENT WITH DUKE’S ROOT CONTROL, INC. OF ELGIN, ILLINOIS IN THE AMOUNT OF $171,327.43; AND AUTHORIZING THE EXPENDITURE OF CONTINGENCY UP TO THE PROJECT BUDGET.

WHEREAS, over the past eight years, the City's maintenance staff has managed the root control program on an as-needed basis; and
WHEREAS, to address the large number of sewer mains with root intrusion and to coordinate repairs with the future annual sewer rehabilitation projects, the City's engineering staff has taken over the root control program; and
WHEREAS, though sewer line rehabilitation and replacement are still the City's primary means of repairing sewer line defects, the use of chemical root control can be effective in reducing and preventing root defects until the complete repair or replacement of the pipe is scheduled; and WHEREAS root intrusion inside sanitary sewer mains is a significant cause of sanitary sewer overflows (“SSOs”) in San Carlos, causing approximately 25 to 30 percent of SSOs annually; and WHEREAS, root foaming helps to minimize and prevent SSOs in the sewer system; and WHEREAS, the chemical used for root treatment is non-toxic and does not require the removal of the trees or impair their health and has approval from the Environmental Protection Agency and Silicon Valley Clean Water; and
WHEREAS, the 2023 Sewer System Root Foaming Project (“Project”) was advertised publicly, and sealed bids were opened by the City Clerk on March 21, 2023, and the lowest responsible and responsive bid was submitted by Duke’s Root Control, Inc. in the amount of $171,327.43; and WHEREAS, additional appropriation in the amount of $30,793 is needed to award the project bid with a 20% contingency; and
WHEREAS, the receipt of only one bid is attributed to the City’s requirement for a non-toxic and EPA approved chemical agent for treatment.

NOW, THEREFORE BE IT RESOLVED, that the San Carlos City Council hereby appropriates $30,793 from the Wastewater Fund (Fund 006) in Fiscal Year 2022-23; awards the 2023 Sewer System Root Foaming Project; authorizes the City Manager to execute a Public Projects Agreement with Duke’s Root Control, Inc. of Elgin, Illinois in the amount of $171,327.43;, and authorizes the expenditure of a contingency up to the Project budget. * * * * *

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I, City Clerk Crystal Mui, hereby certify that the foregoing Resolution was duly and regularly passed and adopted by the City Council of the City of San Carlos at a scheduled meeting thereof held on the 10th day of April 2023, by the following vote:

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CITY COUNCIL

STAFF REPORT
MEETING DATE: April 10, 2023
ITEM TITLE: Adopt a Resolution Awarding the 2023 On-Call Traffic Striping and Marking Project C9417; Authorizing the City Manager to Execute a Public Projects Agreement with Chrisp Company of Fremont, CA in the Amount of $253,795; and Authorizing the Expenditure of a Contingency up to the Project Budget.

RECOMMENDATION:

Staff recommends that the City Council adopt a Resolution awarding the 2023 On-Call Traffic Striping and Marking Project C9417 (“Project”), authorizing the City Manager to execute a Public Projects Agreement with Chrisp Company of Fremont, CA in the amount of $253,795, and authorizing the expenditure of a contingency up to the Project budget.

FISCAL IMPLICATIONS:

There is no fiscal impact or additional appropriation needed at this time. Funding for the Project has an available budget of approximately $300,000 in Fiscal Year 2022-23.

There is sufficient budget to award the Project for the total bid amount of $253,795 and contingency up to the Project budget.

BACKGROUND:

The Project is a yearly program that consists of repainting traffic striping and markings at various locations throughout the city. The program includes striping, signage, or marking changes that are initiated by staff, suggestions by the public, or approval by the Planning and Transportation Commission. The purpose of this program is to allow staff to keep traffic striping and markings legible to maintain public safety and minimize liability.

The City Engineer signed the final bid set construction documents on February 9, 2023, and City Council approved the construction documents at its February 27, 2023 meeting.

ANALYSIS:

On March 1, 2023, the City advertised for bids for construction of the Project and bids were opened on March 23, 2023. Two bids were received with the following results:

Contractor Bid Amount
Engineer’s Estimate $281,038
Chrisp Company $253,795
Central Striping Service, Inc. $280,530

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The lowest responsible and responsive bid was submitted by Chrisp Company in the amount of $253,795. The variance in bids can be attributed to the engineer’s estimate including higher unit prices, the current economy, and the bidder’s workload.

After bid evaluation, staff recommends awarding the Project to Chrisp Company.

ALTERNATIVES:

The alternatives available to the City Council include:

1. Adopt a Resolution awarding the 2023 On-Call Traffic Striping and Marking Project C9417, authorizing the City Manager to execute a Public Projects Agreement with Chrisp Company of Fremont, CA in the amount of $253,795, and authorizing the expenditure of a contingency up to the Project budget; or

2. Do not adopt the Resolution; or

3. Provide staff with alternative direction.

Respectfully submitted by:

Steven Machida, Public Works Director
Approved for submission by:
_______________________
Jeff Maltbie, City Manager
ATTACHMENT(S):

1. Resolution

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Packet Pg. 72

RESOLUTION NO. 2023 –_____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN CARLOS AWARDING THE 2023 ON-CALL TRAFFIC STRIPING AND MARKING PROJECT C9417;

AUTHORIZING THE CITY MANAGER TO EXECUTE A PUBLIC PROJECTS AGREEMENT WITH CHRISP COMPANY OF FREMONT, CA IN THE AMOUNT OF $253,795; AND AUTHORIZING THE EXPENDITURE OF A CONTINGENCY UP TO THE PROJECT BUDGET.

WHEREAS, the On-Call Traffic Striping and Marking Project (“Project”) is a yearly program that consists of repainting traffic striping and markings at various locations throughout the City; and
WHEREAS, the program includes striping, signage, or marking changes that are initiated by staff, suggestions by the public, or approval by the Planning and Transportation Commission; and
WHEREAS, the purpose of this program is to allow staff to keep traffic striping and markings legible in order to maintain public safety and minimize liability; and WHEREAS, the City Engineer signed the final bid set construction documents on February 9, 2023; and
WHEREAS, City Council approved the construction documents at its February 27, 2023, meeting; and
WHEREAS, the Project was advertised publicly, and sealed bids were opened by the City on March 23, 2023; and
WHEREAS, the lowest responsible and responsive bid was submitted by Chrisp Company for a total bid amount of $253,795; and
WHEREAS, there is sufficient budget to award the Project for the total bid amount for $253,795 and contingency up to the Project budget.

NOW, THEREFORE BE IT RESOLVED, that the San Carlos City Council approves awarding the 2023 On-Call Traffic Striping and Marking Project C9417, authorizing the City Manager to execute a Public Projects Agreement with Chrisp Company of Fremont, CA in the amount of $253,795, and authorizing the expenditure of a contingency up to the Project budget. * * * * *
I, City Clerk Crystal Mui, hereby certify that the foregoing Resolution was duly and regularly passed and adopted by the City Council of the City of San Carlos at a scheduled meeting thereof held on the 10th day of April 2023, by the following vote:

AYES, COUNCILMEMBERS:___________________________________________

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NOES, COUNCILMEMBERS:___________________________________________ ABSENT, COUNCILMEMBERS:___________________________________________ ________________________________
CITY CLERK of the City of San Carlos
APPROVED:
___________________________
MAYOR of the City of San Carlos

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Packet Pg. 74

CITY COUNCIL

STAFF REPORT
MEETING DATE: April 10, 2023
ITEM TITLE: Adopt a Resolution Authorizing the City Manager to Amend the Internet Services Agreement with TPX Communications to Upgrade the Equipment to Expand Internet Capacity and to Amend the Agreement to Modify Services and Renew Support Until the Service is Replaced.

RECOMMENDATION:

Adopt a Resolution authorizing the City Manager to amend the internet services agreement with TPX Communications to upgrade the equipment to expand internet capacity and to amend the agreement to modify services and renew support until the service is replaced.

FISCAL IMPLICATIONS:

There is no fiscal impact associated with this recommendation nor is additional appropriation needed at this time. The cost to upgrade and install the Software Defined Wide Area Network (SDWAN) equipment is $8,250, with a recurring cost of $650 per month for three years. The cost for this will be paid from the Fiscal Year (“FY”) 2022-23 Adopted Budget in the Information Technology (“IT”) Professional Services account.

BACKGROUND:

This agreement is coming before the City Council for approval based on the City of San Carlos Municipal Code requirements. Under Chapter 3.12, Purchasing of City Supplies and Services, any contracts (including amendments) less than $75,000 can be approved by the City Manager under his signing authority but those greater than $75,000 must be approved by City Council.

In 2017, the City Manager signed a three-year agreement with TPX to provide 100MB internet service in the amount of $1,105 per month.

In 2018, the City Manager executed an agreement with Comcast to provide a 100MB internet connection to provide resiliency.

In 2021, the City Manager signed an agreement to purchase a Software Defined Wide Area Network (“SDWAN”) solution from TPX for up to a 500MB internet connection that optimized and aggregated two internet connections (TPX and Comcast), allowing for better throughput and the ability to provide better quality service for voice, video, and other important data across the internet connections. The TPX internet connection was upgraded from 100MB to 250MB.

In 2022, the internet circuit from Comcast was upgraded to 1000 MB (1GB) which exceeded the

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limitations for the current SDWAN appliance requiring an upgrade to aggregate and maximize the internet connections from both Comcast and TPX.

ANALYSIS:

Over the years, the IT Division has adjusted the internet bandwidth to meet the needs of the staff.

The current SDWAN solution has a limitation of 500MB which prevents the utilization of the available internet bandwidth. Upgrading the hardware will allow for better throughput and the ability to provide better quality service for voice, video, and other important data across the internet connections. Included in the quote is a SDWAN solution that will support the current internet speeds from both providers.

ALTERNATIVES:

The alternatives available to the City Council include:

1. Adopt a Resolution authorizing the City Manager to amend the internet services agreement with TPX to upgrade the equipment to expand internet capacity and to amend the agreement to modify services and renew support until the service is replaced; or

2. Do not adopt the Resolution; or

3. Provide staff with alternative direction.

Respectfully submitted by:

Rebecca Mendenhall, Administrative Services Director
Approved for submission by:
_______________________
Jeff Maltbie, City Manager
ATTACHMENT(S):

1. Resolution

2. TPX Quote

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RESOLUTION NO. 2023 - _______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN CARLOS

AUTHORIZING THE CITY MANAGER TO AMEND THE INTERNET SERVICES AGREEMENT

WITH TPX COMMUNICATIONS TO UPGRADE THE EQUIPMENT TO EXPAND INTERNET

CAPACITY AND TO AMEND THE AGREEMENT TO MODIFY SERVICES AND RENEW SUPPORT UNTIL THE SERVICE IS REPLACED.
_____
WHEREAS, in 2017, the City Manager signed an agreement with TPX Communications to provide 100MB Internet service; and
WHEREAS, in 2021, a Software Defined Wide Area Network (“SDWAN”) solution for up to a 500MB internet connection was added to optimi ze and aggregate the City’s two internet connections, allowing for better throughput and the ability to provide better quality service for voice, video, and other important data across the internet connections. The TPX Internet connection was upgraded from 100MB to 250MB; and
WHEREAS, in 2022, the internet circuit from Comcast was upgraded to 1000 MB (1GB), which exceeded the limitations for the current SD-WAN appliance; and WHEREAS, the proposed SDWAN solution will support the current internet speeds of 1GB. The initial cost of the SDWAN equipment and installation is $8,250. with a recurring cost of $650 per month for three years.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Carlos hereby authorizes the City Manager to amend the internet services agreement with TPX Communications to upgrade the equipment to expand internet capacity and to amend the agreement to modify services and renew support until the service is replaced. * * * * *
I, Crystal Mui, City Clerk, hereby certify that the foregoing Resolution was passed and adopted by the City Council of the City of San Carlos at a regular meeting held on the 10th day of April 2023, by the following vote:

AYES, COUNCILMEMBERS:

NOES, COUNCILMEMBERS:

ABSENT, COUNCILMEMBERS:

__ ______
CITY CLERK of the City of San Carlos
APPROVED:

MAYOR of the City of San Carlos

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3/23/23, 11:02 AM Quote: 517966 / City of San Carlos - Dash https://dash.tpx.com/ribeye/service/file?id=1951213&deleteAfterServing=1&inline=1 1/11

Quote/Order ID: 517966
Service Agreement
City of San Carlos
TPx Communications will provide Customer with the specified type and amount of Services at the rates, and terms and conditions listedbelow and on the Rate Schedule(s) that follow, and Customer shall accept and pay for Services under the Terms and Conditions towhich Customer agreed on the Telecommunications Account Agreement (TAA)/Master Service Agreement (MSA) and any relatedAddendums that follow that govern this Service Agreement, including any changes to Total Monthly Recurring Charges up to fivepercent (5%) and/or Total Non-Recurring Charges up to five percent (5%) for Services and Equipment specified on this ServiceAgreement. For any Access, MSx, and/or UCx Service listed below that is being added to Services currently provided to Customer atthe below referenced Service Location, a new Service Term (as provided in the Term Length below) shall apply to any such Service.

Federal, State and Local Taxes and Other Charges will be applied in accordance with the definitions stated at www.tpx.com/rates.

The term for service(s) being ordered is 36 months. ("Term") Customer Requested Due Date: 9/26/2022
RS
ID Title Address Non-
Recurring Recurring
938020600 ELM ST, SAN CARLOS CA 600 Elm St, San Carlos, CA 94070-3018 $8,250.00 $650.00 Sub Totals $8,250.00 $650.00

Installment Payment
Amount of Non-Recurring charges included in Installment Payments (36 months)($8,250.00) Estimated Monthly Installment Payments (includes simple interest with a rate of 6%, applied annually) $250.97

Total Non-Recurring Charges $0.00
Total Monthly Recurring Charges $900.97
Equipment Addendum - Single Payment Purchase, Rental and/or Customer Provided Equipment set for at www.tpx.com/Equipment-Addendum.pdf MSx Service Addendum set forth at www.tpx.com/MSx-Service.pdf `
Agreed by: Customer Signature Date
Customer Name (Print) Title
Sales Representative Name Phone
Agreed by: Authorized TPx Representative Signature Date v052920
DocuSign Envelope ID: 1F2E079E-3CF1-45CF-8D8B-4D03BF02C586

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3/23/23, 11:02 AM Quote: 517966 / City of San Carlos - Dash https://dash.tpx.com/ribeye/service/file?id=1951213&deleteAfterServing=1&inline=1 2/11 DocuSign Envelope ID: 1F2E079E-3CF1-45CF-8D8B-4D03BF02C586

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3/23/23, 11:02 AM Quote: 517966 / City of San Carlos - Dash https://dash.tpx.com/ribeye/service/file?id=1951213&deleteAfterServing=1&inline=1 3/11 Rate Schedule #938020 Quote ID: 517966
600 ELM ST, SAN CARLOS CA 3/23/2023
City of San Carlos
Good through:4/22/2023
Address:600 Elm St, San Carlos, CA 94070-3018
The term for Service(s) being ordered is 36 months ("Term").

MSx WAN (Install)
PQE Code: Not SpecifiedDescription
Qty
Each
Usage
Type
NRC
MRC
MSx WAN Optimum 1 $0.00 - MSx - $0.00
Multi Services Router
1000 1 $3,850.00 - xNet$3,850.00 -
Inbound Internet
Failover - Block of 16
(13 usable)
1 $50.00 - MSx - $50.00
Inbound Internet
Failover - Non
Recurring Charge
1 $50.00 - xNet $50.00 -
MSx WAN - Optimum
1000M 1 $500.00 - MSx - $500.00
MSR - Prof
Installation 1 $500.00 - MSx $500.00 -
HSIA 1 $0.00 - MSx - $0.00
UCx - Related
Voice Service 1 $0.00 - MSx - $0.00
High Availability Service (VC
Opt 1K) 1 $100.00 - MSx - $100.00
Multi Services Router 1000 1 $3,850.00 - xNet$3,850.00 - $8,250.00$650.00
DocuSign Envelope ID: 1F2E079E-3CF1-45CF-8D8B-4D03BF02C586

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3/23/23, 11:02 AM Quote: 517966 / City of San Carlos - Dash https://dash.tpx.com/ribeye/service/file?id=1951213&deleteAfterServing=1&inline=1 4/11

INSTALLMENT PAYMENT DETAILS
Charge Description Total Monthly Amount Term
Multi Services Router 1000 $117.12 36
Multi Services Router 1000 $117.12 36
MSR - Prof Installation $15.21 36
Inbound Internet Failover - Non Recurring Charge $1.52 36 Total of Monthly Payment Amounts $250.97
Total of installment payments will be different from the NRC cash price.

NRCS NOT INCLUDED IN THE INSTALLMENT PAYMENT PLAN
Charge Description Price
Total of opted-out NRC Amounts $0.00
Currently there are no opted-out NRCs.

DocuSign Envelope ID: 1F2E079E-3CF1-45CF-8D8B-4D03BF02C586

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3/23/23, 11:02 AM Quote: 517966 / City of San Carlos - Dash https://dash.tpx.com/ribeye/service/file?id=1951213&deleteAfterServing=1&inline=1 5/11 Equipment Addendum - Installment Payment Purchase
This Equipment Addendum (this “Equipment Addendum”) amends and modifies the Telecommunications Account Agreement(TAA) or Master Service Agreement (MSA) (referred to herein, as so amended and modified, as the “Agreement”) between U.S.TelePacific Corp. d/b/a TPx Communications and/or its affiliated companies (“TPx”) and Customer. This Equipment Addendum governs devices supplied by TPx (devices collectively referred to herein as “Equipment”), and whichsaid Equipment is used in conjunction with any of TPx’s Services and is purchased by Customer from TPx via installmentpayment purchase.

1. EQUIPMENT ACQUISITION

Devices used in conjunction with any of TPx’s Services (referred to herein as “Equipment”) may be purchased by Customer fromTPx via installment payment purchase option. Any Equipment governed by this Equipment Addendum will be described on theschedule substantially in the form of Exhibit I hereto delivered from time to time at the time of purchase (or other provisioning)thereof by TPx to Customer and authorized or otherwise confirmed by Customer (each, a “Delivered Equipment Schedule”). Theterms of each Delivered Equipment Schedule shall be, and hereby are, fully incorporated by reference herein.

2. INSTALLMENT PAYMENT PURCHASED EQUIPMENT a. Installment payments will be added to each monthly invoice delivered to Customer under Section 2(e) of the Terms andConditions Attachment to the Agreement, for the duration of the Initial Service Term, spread evenly over the total number ofmonths contracted, in the amount(s) to be shown on the related Delivered Equipment Schedule(s). b. If, prior to the end of the Service Term, Services associated with any Equipment purchased via this Equipment Addendum areterminated for any reason, Customer shall remain liable for all remaining installment payments for the affected Equipment. c. Customer’s obligations to make payments under any installment purchase of Equipment are separate and independent fromCustomer’s obligations to make payments on the Services. d. Customer agrees that the right of TPx to receive installment payments relating to the Equipment purchased via this EquipmentAddendum may be sold, transferred or otherwise assigned by TPx without consent. e. Credit Allowances. Credits granted by TPx for the interruption of services may not be applied to Equipment purchases orpayments due or to become due under the Agreement (including this Equipment Addendum). f. Certain Waivers. Notwithstanding any provision contained in the Agreement (including this Equipment Addendum) to the contrary, it isagreed by the parties that:
i. Customer agrees not to assert any claim, set-off, recoupment, withholding or defense against TPx, any of its affiliates or itsassignees or designees, that Customer may have against TPx, its affiliates or its assignees or designees, as applicable, inconnection with the Agreement or any other agreement pursuant to which TPx (or any of its affiliates or designees) providesservices to Customer or against the manufacturer of any equipment obtained under this Equipment Addendum; ii. any assignee to which TPx shall assign its right to payments hereunder shall not have any obligation or responsibility toCustomer pursuant to the Agreement (including this Equipment Addendum), and any such payment assignment shall notrelieve TPx of any of its obligations hereunder and thereunder; iii. CUSTOMER AGREES THAT ITS OBLIGATION TO MAKE ALL PAYMENTS WHEN DUE IN ACCORDANCE WITH THEAGREEMENT (INCLUDING THIS ADDENDUM) SHALL BE ABSOLUTE AND UNCONDITIONAL AND SHALL NOT BESUBJECT TO ANY ABATEMENT, REDUCTION, SET-OFF, DEFENSE, COUNTERCLAIM, INTERRUPTION, DEFERMENT ORRECOUPMENT FOR ANY REASON WHATSOEVER; iv. where Customer does not make any payments under the Agreement (including this Equipment Addendum) pursuant to any ofthe foregoing conditions, TPx, as service provider pursuant to the Agreement, shall have the right to terminate Customer’s rightto use and receive the software and any maintenance pursuant to the Agreement; and v. any affiliates, assignees or designees of TPx, and any collateral agent, administrative agent, or subsequent receivablespurchaser is an intended third party beneficiary of the Agreement (including this Equipment Addendum) and therefore entitled toenforce the terms of the Agreement (including this Equipment Addendum) directly against Customer. Customer agrees thatnotwithstanding anything in the Agreement (including this Equipment Addendum), TPx and its assignees may at any time andwithout notice further assign the payments owing hereunder, in whole or in part. g. Ownership of Equipment. As the owner of the Equipment, Customer is the beneficiary of any applicable warranty and is responsiblefor all taxes, insurance and risk of loss related to the Equipment. h. Acceptance. Customer acknowledges acceptance of the Equipment upon delivery.

DocuSign Envelope ID: 1F2E079E-3CF1-45CF-8D8B-4D03BF02C586

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3/23/23, 11:02 AM Quote: 517966 / City of San Carlos - Dash https://dash.tpx.com/ribeye/service/file?id=1951213&deleteAfterServing=1&inline=1 6/11 i. Equipment Purchase Cancellation. Customer may cancel an Equipment purchase within twenty-four (24) hours of signing thisEquipment Addendum. Notification of order cancellation must be emailed to [email protected]. Cancellation of orders after twenty-four (24) hours will result in an order cancellation charge equal to 10% of the total amount for Equipment purchased. j. Shipping Charges and Taxes. Customer is responsible for all delivery or shipping charges, installation charges, and applicabletaxes. k. Warranty on Installment Purchase Payment Equipment. i. Maintenance of Equipment. TPx will provide maintenance and support for Equipment purchased from TPx, includingsoftware updates and patches, for as long as Customer maintains its associated Service with TPx. ii. TPx Replacement Obligation. For Equipment purchased from TPx, TPx will replace any failed devices for as long asCustomer maintains its associated Service, Customer’s account remains in good standing, TPx has reasonableaccess to replacement Equipment, and Customer returns the Equipment in accordance with the terms statedwithin the manufacturer warranty; provided that TPx and Customer agree that Customer’s obligations to makepayments on the Services, on the one hand, and Customer’s obligations to make payments on the Equipmentpurchased through an installment purchase option, on the other hand, are separate and distinct obligations ofCustomer and are subject to Section 2(d) of this Equipment Addendum. The replacement item may be a new orreconditioned device of equal or comparable value. The TPx replacement obligation starts when Equipment isdelivered to Customer, lasts for the duration Customer maintains an associated Service, and overlaps themanufacturer's warranty. It covers accidental damage, liquid damage, or any Equipment defect. Associatedshipping and/or service order fees may apply. (A) Exclusions. Lost or stolen Equipment, or Equipment that appears to be damaged by intent, gross negligence or willful or reckless treatment shall not be covered under any TPx’s replacement obligation. Additionally, phone accessories and headsets shall not be covered under any TPx’s replacement obligation. MSx service(s) equipment replacement obligation terminates when the manufacturer no longer supports the equipment. (B) TPx’s Sole Obligation. TPx’s sole obligation with respect to Equipment is to repair the Equipment, deliver to Customer an equivalent replacement Equipment, or if neither of the two foregoing options is reasonably available, TPx may, in its sole discretion, refund to Customer the purchase price paid for the Equipment.

Replacement Equipment may be new or reconditioned. The foregoing is Customer’s sole remedy, and TPx’s sole obligation, with regard to defective Equipment.
iii. Return / Exchange Policy for Purchased Equipment. (A) Returns and Exchanges. Should it be necessary to return Equipment, Customer may return it for a refund or exchange, excluding any shipping charges and subject to a restocking fee of twenty-five ($25.00) dollars per unit, within thirty (30) days after delivery. Defective Equipment may be repaired or exchanged for the same or equivalent model only, at TPx's discretion. All returned Equipment must be unregistered, in complete original manufacturer's packaging, same condition as sold, with all accessories, literature, instructions, documentation and blank warranty cards.
(B) Exclusions. No returns will be allowed on: phone accessories and headsets, network cabling, original manufacturer computers, computer products, or software once opened. l. If Customer fails to approve or reject the equipment and pricing information on the Delivered Equipment Schedule after three email requests, TPx will remove the Installment Payment option for the equipment listed on the Delivered Equipment Schedule, and the total equipment cost will be due immediately from Customer.

3. HARDWARE CLAIMS POLICY FOR ALL EQUIPMENT PURCHASED FROM TPX Customer must inspect the Equipment carefully as to content and conditions upon receipt. All claims for damaged or missing itemsmust be reported to TPx within two (2) business days of receipt of Equipment. In the event a package arrives damaged, it is theresponsibility of Customer to contact TPx to inspect the package to assure full refund or replacement. All packaging must be retaineduntil the problem is resolved.

4. LIMITATION OF LIABILITY
WITHOUT LIMITING ANY LIMITATION OF LIABILITY IN SUBSECTION (d) OF SECTION 5 OF THE TERMS AND CONDITIONSATTACHMENT TO THE AGREEMENT, TPX LIABILITY IS LIMITED TO THE MONETARY VALUE OF THE EQUIPMENTPURCHASED.

SCHEDULE 1
Section A Customer Information
City of San Carlos
DocuSign Envelope ID: 1F2E079E-3CF1-45CF-8D8B-4D03BF02C586

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3/23/23, 11:02 AM Quote: 517966 / City of San Carlos - Dash https://dash.tpx.com/ribeye/service/file?id=1951213&deleteAfterServing=1&inline=1 7/11 Company Legal Name (Individual if Sole Proprietorship)

Doing Business As (DBA)

Legal Composition: [ ] Corporation [ ] General Partnership [ ] LLP [ ] LLC [ ] Sole Proprietorship

State Organized

600 Elm St San Carlos, CA 94070
Billing Address
Section B Acceptance
By signing below, the person signing on behalf of Customer personally represents and warrants to TPx that he or she has theauthority and power to sign on behalf of Customer and bind Customer to the Agreement (including this EquipmentAddendum). THE AGREEMENT INCLUDES AN ARBITRATION PROVISION WHICH REQUIRES THE BINDING ARBITRATION OFANY AND ALL DISPUTES AND WAIVES CERTAIN RIGHTS TO JURY TRIALS AND/OR CLASS ACTIONS. The Agreement(including this Equipment Addendum) shall become a binding contract upon execution by Customer and acceptance by TPx.

ELECTRONIC CONTRACTING AND SIGNATURE ACKNOWLEDGMENT. To the extent that Customer executes the Agreementand/or the Equipment Addendum electronically, Customer agrees that (i) the Agreement (including this Equipment Addendum,as supplemented by each Delivered Equipment Schedule) is an electronic contract executed by Customer using Customer’selectronic signature, (ii) Customer’s electronic signature signifies Customer’s intent to enter into the Agreement (includingthis Equipment Addendum, as supplemented by each Delivered Equipment Schedule) and that the Agreement (including thisEquipment Addendum, as supplemented by each Delivered Equipment Schedule) be legally valid and enforceable inaccordance with its terms to the same extent as if Customer had executed the Agreement (including this EquipmentAddendum) using its written signature and (iii) the authoritative copy of the Agreement (including this Equipment Addendum,as supplemented by each Delivered Equipment Schedule) (“Authoritative Copy”) shall be that electronic copy that resides in adocument management system designated by TPx for the storage of authoritative copies of electronic records, which shall bedeemed held by TPx in the ordinary course of business. Notwithstanding the foregoing, if the Authoritative Copy is convertedby printing a paper copy which is marked by TPx as the original (the “Paper Contract”), then Customer acknowledges andagrees that (1) Customer’s signing of the Agreement (including this Equipment Addendum) with Customer’s electronicsignature also constitutes issuance and delivery of such Paper Contract, (2) Customer’s electronic signature associated withthe Agreement (including this Equipment Addendum, as supplemented by each Delivered Equipment Schedule), when affixedto the Paper Contract, constitutes Customer’s legally valid and binding signature on the Paper Contract and (3) subsequent tosuch conversion, Customer’s obligations will be evidenced by the Paper Contract alone.

X
Agreed by: Customer Signature Date

Customer Name (Print) Title

Sales Representative Name Phone Example of EXHIBIT I
[FORM OF] DELIVERED EQUIPMENT SCHEDULE
To be completed upon delivery of equipment
Reference is made to the Equipment Addendum (the “Equipment Addendum”) relating to the Telecommunications Account Agreement(TAA) or Master Service Agreement (MSA) (referred to herein, as so amended and modified, as the “Agreement”) between U.S.TelePacific Corp. d/b/a TPx Communications and/or its affiliated companies (“TPx”) and [CUSTOMER] (“Customer”), which EquipmentAddendum was executed and accepted by Customer on [DATE].

This schedule (this “Schedule”) is a “Delivered Equipment Schedule” contemplated by the Equipment Addendum and shall be part ofand subject to the Equipment Addendum for all purposes automatically and without further action by any person upon TPx’s delivery ofthis Schedule together with the Equipment described below and Customer’s authorization or other confirmation hereof in electronic formor otherwise.

DocuSign Envelope ID: 1F2E079E-3CF1-45CF-8D8B-4D03BF02C586

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3/23/23, 11:02 AM Quote: 517966 / City of San Carlos - Dash https://dash.tpx.com/ribeye/service/file?id=1951213&deleteAfterServing=1&inline=1 8/11 TPx has provided Customer with the specified type and amount of Equipment at the prices and terms and conditions listed below, andCustomer shall accept and pay for the Equipment under the Equipment Addendum as supplemented by this Schedule, the Agreementand any related Addendums that follow that govern this Schedule, the Equipment Addendum and the related TelecommunicationsAccount Agreement (TAA)/Master Service Agreement (MSA).

Federal, State and Local Taxes and Other Charges will be applied in accordance with the definitions stated at www.tpx.com/rates.

The following Equipment will be purchased by Customer from TPx via installment purchase (as contemplated by clause (ii) underSection 1 of the Equipment Addendum):

Quantity Item description Priceperunit
Total purchaseamount/price Number of installment payments Amount of monthly payment (*)

(*) As contemplated by Section 2(a) of the Equipment Addendum, installment payments will be added to each monthly invoice deliveredto Customer under Section 2(e) of the Terms and Conditions Attachment to the Agreement (the “Terms and Conditions”). Ascontemplated by Section 2(g) of the Terms and Conditions, each monthly invoice shall be due and payable upon presentation, and shallbecome past due after the Pay By Date printed on the invoice. v091420
DocuSign Envelope ID: 1F2E079E-3CF1-45CF-8D8B-4D03BF02C586

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3/23/23, 11:02 AM Quote: 517966 / City of San Carlos - Dash https://dash.tpx.com/ribeye/service/file?id=1951213&deleteAfterServing=1&inline=1 9/11 Customer Contact Authority
TPx Communications has an obligation, and Customer has a right, under federal or state law to protect the confidentiality of your Customer Proprietary Network Information (CPNI). CPNI includes information relating to the quantity, technical configuration, type, destination, location and amount of use of the services Customer purchases from TPx. You can help prevent unauthorized access to that information by indicating below the parties authorized to access that information.

Authority Roles
Primary Account Authority / Authorized Signee: This user will have full access to all CPNI data related to network configuration and usage. This user will have full administrative access for the account which includes managing account settings, viewing invoices, making payments, initiating new orders, providing price change approvals, and overseeing trouble reports. Only this user will be authorized to sign any Service Agreements or Equipment Addendums. Only this user will be authorized to add "secondary" users to the authorized list.

Alternate Primary Account Authority: This user will have full access to all CPNI data related to network configuration and usage. This user will have partial administrative access for the account which includes managing account settings, making payments, initiating new orders, providing price change approvals, and overseeing trouble reports.

Agent Contact: This user will have access to CPNI data and for the account in accordance with their Authority Level which is to be determined by the Primary Account Authority / Authorized Signee.

Voice Vendor: This user will have access to CPNI data and for the account in accordance with their Authority Level which is to be determined by the Primary Account Authority / Authorized Signee.

Data Vendor: This user will have access to CPNI data and for the account in accordance with their Authority Level which is to be determined by the Primary Account Authority / Authorized Signee.

Authority Levels
R/W/A (Read/Write/All) Grants full authority to CPNI usage and network configuration data. Permits authority to request account information, view and remit payments, place and oversee orders, and initiate & manage trouble reports.

R/W/B (Read/Write/Bill) Grants authority to CPNI network configuration data in support of resolving billing related issues. Permits authority to view invoices, request invoice related changes on the account such as the billing address, and to view and remit payments.

R/W/O (Read/Write/Orders) Grants authority to CPNI network configuration data in support of order implementation. Permits authority to oversee all open orders against the account and to initiate orders against the account for existing service changes or ancillary service additions
R/W/T (Read/Trouble) Grants authority to CPNI network configuration data in support of resolving trouble on the account. Permits authority to report and look after trouble related to existing services on the account.

P A A/ A S ¨ Email Opt Out Name Title
Phone Cell Email
Authority Level: RWA
A P A A ¨ Email Opt Out Name Title
Phone Cell Email
Authority Level: RWA
A C N Name Title
Phone Cell Email
Duration: ¨This installation only ¨ Term of contract Authority Level: ¨ RWA ¨ RWB ¨¨RWO ¨RWT V V C N Name Title
Phone Cell Email
Duration: ¨ This installation only ¨ Term of contract Authority Level: ¨RWA ¨ RWB ¨¨RWO ¨RWT D V C N Name Title
Phone Cell Email
Duration: ¨This installation only ¨ Term of contract DocuSign Envelope ID: 1F2E079E-3CF1-45CF-8D8B-4D03BF02C586

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3/23/23, 11:02 AM Quote: 517966 / City of San Carlos - Dash https://dash.tpx.com/ribeye/service/file?id=1951213&deleteAfterServing=1&inline=1 10/11 Authority Level: ¨RWA ¨ RWB ¨¨RWO ¨RWT “I grant permission to TPx to provide access to CPNI to the authorized account contacts listed above subject to the designated authority level.”
City of San Carlos
Company Legal Name

Authorized Signature: Date:

Printed Name: Title: v060721

DocuSign Envelope ID: 1F2E079E-3CF1-45CF-8D8B-4D03BF02C586

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3/23/23, 11:02 AM Quote: 517966 / City of San Carlos - Dash https://dash.tpx.com/ribeye/service/file?id=1951213&deleteAfterServing=1&inline=1 11/11 Letter of Agency (LOA)
Only required when porting Local and/or Long Distance
Current Carrier(s)
Company Legal Name (Customer)
City of San Carlos
Service Address (Street, City, State, Zip)

Billing Address (Street, City, State, Zip)
600 Elm St San Carlos, CA 94070
Billing Telephone Numbers
[ ] Customer Service Records
To: Current Carrier(s) Listed Above
Subject: The Customer identified above hereby authorizes TPx Communications to act as its agent in dealing with local companies listed above for porting telephone numbers or changing carriers. [ ] Service Change [ ] New Service
I authorize TPx to act as our agent with respect to the telephone number(s) listed above to (1) change our telecommunications carrier fromcurrent carrier(s) or (2) initiate new service.

Local Service, IntraLata (local toll) Carrier , InterLata (long distance) Carrier or I want to retain my existing LD carrier on some or all of my telephone numbers Specify Intra and InterLata PIC for each telephone number(s) provided to TPx I understand that only one telecommunications carrier may be designated as my primary interexchange carrier for any one telephonenumber for each (a) IntraLATA Toll and (b) InterLATA Long Distance services. I also understand that if I select no primary interexchangecarrier (NO PIC), I will be unable to make IntraLATA Toll and/or InterLATA long distance calls except by using casual dialing. I understandthat any change in my primary carrier selection may involve a charge.

Contact Name (print) Title Customer Signature Date v091417
DocuSign Envelope ID: 1F2E079E-3CF1-45CF-8D8B-4D03BF02C586

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SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY

STAFF REPORT
MEETING DATE: April 10, 2023
ITEM TITLE: Accept and Authorize the Filing of the Housing Successor Agency Annual Report for FY 2021-22.

RECOMMENDATION:

Staff recommends that the City Council accept and authorize the filing of the Housing Successor Agency Annual Report for Fiscal Year 2021-22.

FISCAL IMPLICATIONS:

There are no fiscal implications for receiving and filing this annual report on the City’s activities as the Housing Successor Agency to the former San Carlos Redevelopment Agency.

BACKGROUND:

The City of San Carlos is the Housing Successor Agency to the former San Carlos Redevelopment Agency (“Redevelopment Agency”), which was dissolved on February 1, 2012.

Each housing successor agency is required to prepare an annual report on how it is meeting requirements imposed by Health and Safety Code Section 34176.1.

The annual report is required to contain the following: (1) a summary of housing successor duties; (2) the balance of the Low and Moderate Income Housing Asset Fund (“Housing Asset Fund”); (3) an inventory of properties held in the Housing Asset Fund; and (4) reports on the City’s performance thus far in meeting the income and age proportionality requirements of Health and Safety Code Section 34176.1.

ANALYSIS:

The City is meeting all requirements imposed by Health and Safety Code Section 34176.1. The City’s progress on major requirements is summarized below.

Housing Asset Fund Activity
As of June 30, 2022, the Housing Asset Fund had a fund balance of approximately $8.5 million, of which $1.8 million was cash. The remaining fund balance is comprised of notes receivable, land value, and bond proceeds.

The Housing Successor received $29,843 in revenues in Fiscal Year (“FY”) 2021-22, comprised of deposits of investment income, interest income, and rents.

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The City spent $128,057 in Housing Asset Funds on administrative expenses in FY 2021-22, which included professional services, property tax, property management fees, and building maintenance.

No funds were spent on rapid rehousing in FY 2021-22.

In FY 2021-22, the Housing Successor spent a total of $21,100 toward the 817 Walnut project. In previous years the Housing Successor spent $4,023,714 towards the construction of the 817 Walnut project. The total amount spent on the 817 Walnut project in the five-year compliance period from July 1, 2019 through June 30, 2024 is $4,044,814. The City has committed $7.3 million toward the project pursuant to a Disposition, Development and Loan Agreement (“DDLA”) with Walnut Street LP. The majority of the $7.3 million will be paid from the Housing Asset Fund’s available cash balance. Any remaining balance will be paid from City inclusionary housing in-lieu fees.

Real Property Assets and Loans Receivables
The City, as housing successor, owns four properties that had a book value of $14,438,969 as of June 30, 2022: 633 Elm Street Unit 305; 633 Elm Street Unit 405; 1001 Laurel Street Unit 207; and, 817 Walnut Street.

In FY 2019-20, the City entered into a DDLA with a developer to ground lease the 817 Walnut property to allow for new affordable development. A progressive value of $7,879,899 for the new improvements was capitalized as donated capital assets in FY 2020-21. In FY 2021-22, the 817 Walnut improvement project was completed, with an additional $5,980,236 capitalized in June 2022. The City also loaned $4.2 million for the development of the property to the developer and in FY 2021-22, accrued interest totaling $166,673 was added to the loan. This increased the loans receivable held by the City to four, totaling $6,038,592 Expenditure Proportionality Requirements
Expenditures from the Housing Asset Fund must meet specific proportionality requirements by income level and age. The City is meeting all requirements as detailed below:
•Administrative and monitoring expenses are capped at $200,000 adjusted annually for inflation based on the Consumer Price Index or 5% of the statutory value of real property and loans and grants receivable (“Portfolio”), whichever is greater. oAccording to HCD, the FY 2021-22 limit adjusted for inflation is $239,000. The Housing successor also has a Portfolio value of $20,477,562, 5% of which is $1,023,878. This greater value is the Housing Successor's FY 2020-21 annual limit for administrative expenditures, which is well above the annual expenditures of $128,057.
•Up to $250,000 may be spent annually on rapid rehousing solutions for homelessness.

The Housing Successor did not spend any funds on this category in FY 2021-22. •If Housing Asset Funds are spent on housing projects and programs, within each five- year compliance period:
oAt least 30% must be spent on extremely low-income households (earning up to

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30% of the Area Median Income);
oNo more than 20% may be spent on low income households (earning 60-80% of the Area Median Income); and
oNo monies may be spent on moderate or above moderate-income households (earning more than 80% of the Area Median Income).
•FY 2021-22 marks the third year of the second five-year compliance period. So far 100% of the Housing Successor’s expenditures on housing projects in the five-year compliance period have been spent assisting six extremely low-income units at 817 Walnut. •No more than 50% of rental housing units assisted by the City or the former Redevelopment Agency in the prior 10 years may be restricted to seniors. The only rental housing units assisted in the prior 10 years are the six units at 817 Walnut, none of which are restricted to seniors.

Excess Surplus
The Housing Asset Fund is subject to excess surplus requirements, which are designed to ensure that Housing Asset Funds are being spent and not underutilized. Excess surplus is defined as “an unencumbered amount in the account that exceeds the greater of one million dollars, or the aggregate amount deposited into the account during the housing successor’s preceding four fiscal years, whichever is greater.” San Carlos had no excess surplus for FY 2021-22. The Housing Successor has encumbered up to $7.3 million to develop affordable housing at 817 Walnut pursuant to the DDLA with Walnut Street LP. The City will use available Housing Asset Funds to pay for the majority of the $7.3 million committed to 817 Walnut. Any remaining balance will be paid using City inclusionary housing in-lieu fee funds. As of June 30, 2022, approximately $3 million was still due on this commitment, and the City planned to use the remaining Housing Successor funds for the project in FY 2022-23. This was completed in November of 2022 when the project converted to permanent financing and will be reflected in the FY 2022-23 annual report.

If the City has an excess surplus in the future, it must be spent or encumbered within three fiscal years. If the City fails to comply, the City would need to transfer any remaining excess surplus to HCD within 90 days after the end of the third fiscal year.

Conclusion
The City is meeting all requirements imposed by Senate Bill 341 and related legislation. It will continue to maintain assets transferred from the former Redevelopment Agency as required by law.

ALTERNATIVES:

The alternatives available to the City Council include:

1. Receive and authorize the filing of the Housing Successor Agency Report for Fiscal Year 2021-22; or

2. Do not receive and authorize the filing of the Housing Successor Agency Report for Fiscal Year 2021-22; or

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3. Provide staff with alternative direction
Respectfully submitted by:

Al Savay, Community Development Director
Approved for submission by:
_______________________
Jeff Maltbie, Executive Director
ATTACHMENT(S):

1. Housing Successor Annual Report - City of San Carlos - Fiscal Year 2021-22

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HOUSING SUCCESSOR ANNUAL REPORT City of San Carlos Fiscal Year 2021-22

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TABLE OF CONTENTS INTRODUCTION ............................................................................................................................. 1 THE CITY AS HOUSING SUCCESSOR ............................................................................................ 1 SCOPE OF THIS HOUSING SUCCESSOR ANNUAL REPORT .......................................................... 1 ASSETS TRANSFERRED TO HOUSING SUCCESSOR .................................................................... 1 BACKGROUND ............................................................................................................................... 2 LEGAL REQUIREMENTS PERTAINING TO HOUSING SUCCESSORS .............................................. 2 PERMITTED USES OF HOUSING ASSET FUNDS ............................................................................ 3 LIMITS ON THE ACCUMULATION OF HOUSING FUNDS (EXCESS SURPLUS) ................................ 5 HOUSING ASSET FUND ACTIVITY ................................................................................................. 6 EXPENDITURES ............................................................................................................................. 6 SENIOR HOUSING LIMIT COMPLIANCE ........................................................................................ 7 DEPOSITS AND FUND BALANCE .................................................................................................... 8 EXCESS SURPLUS ......................................................................................................................... 8 TRANSFERS TO OTHER HOUSING SUCCESSORS ........................................................................ 9 HOUSING SUCCESSOR PORTFOLIO ............................................................................................ 10 PROPERTY DISPOSITION STATUS ............................................................................................... 11 HOMEOWNERSHIP UNIT INVENTORY ........................................................................................... 11 APPENDIX 1 – HOUSING ASSET TRANSFER FORM ...................................................................... 13 APPENDIX 2 - HOUSING SUCCESSOR ANNUAL REPORT REQUIREMENTS ................................. 14 APPENDIX 3 – HOUSING ASSET FUND EXPENDITURE REQUIREMENTS ..................................... 15

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San Carlos Housing Successor Annual Report 2021-22 1
INTRODUCTION This Housing Successor Agency Annual Report (“Annual Report”) presents information on Fiscal Year (“FY”) 2021-22 expenditures and activities as required by Health and Safety Code (“HSC”) Section 34176.1(f), including but not limited to a housing successor’s compliance with certain expenditure activities over the year as well as a five-year planning period. This Annual Report is required of any housing successor to a former redevelopment agency. THE CITY AS HOUSING SUCCESSOR The City of San Carlos (“City”) is the Housing Successor Agency (“Housing Successor”) to the former San Carlos Redevelopment Agency (“Agency”). The Housing Successor is responsible for maintaining housing assets transferred from the former Agency. Its main goal is to provide affordable housing for City of San Carlos (“City”) residents. The Annual Report is an addendum to the City’s Housing Element Annual Progress Report. Both are due to the California Department of Housing and Community Development (“HCD”) by April 1 annually and must be accompanied by an independent financial audit. The City’s audited financial statements will be posted on the City website when available. SCOPE OF THIS HOUSING SUCCESSOR ANNUAL REPORT This Annual Report is limited to the Housing Authority’s activities as it relates to its role as a housing successor. This may include, but is not limited to, financial activities, property disposition, loan administration, monitoring of covenants, and affordable housing development. This Annual Report describes compliance with various annual, five-year, and ten-year housing expenditure and production requirements. FY 2019-20 is the first year of the current five-year compliance period for income proportionality, which begins July 1, 2019 and ends June 30, 2024. ASSETS TRANSFERRED TO HOUSING SUCCESSOR Upon the statewide dissolution of redevelopment in 2012, all rights, powers, committed assets, liabilities, duties, and obligations associated with the housing activities of the Agency were transferred to the Housing Successor. The Housing Successor prepared and submitted to the California Department of Finance (“DOF”) an inventory of housing assets to be transferred from the former Agency. The inventory was enumerated on a Housing Asset Transfer Form (“HAT”) which included:

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San Carlos Housing Successor Annual Report 2021-22 2

1. Real Properties; 2. Personal Property; 3. Loans Receivables; and 4. Rents/Operations. All items on the HAT were reviewed and approved by DOF on September 5, 2012. Once approved by DOF and as directed by law, the Housing Successor transferred these assets to the Low and Moderate Income Housing Asset Fund (“Housing Asset Fund”, Fund 31). The Housing Successor inherited four real properties and other assets from the former Agency; over time, these assets will be disposed or retired in accordance with state law and any applicable agreements. A copy of the HAT is provided as Appendix 1.

BACKGROUND This section summarizes the legal requirements for use of housing successor assets that are addressed in this Annual Report. LEGAL REQUIREMENTS PERTAINING TO HOUSING SUCCESSORS In general, housing successors must comply with three major requirements pursuant to HSC Section 34176.1: 1. Expenditures and housing production are subject to income and age targets. 2. Housing successors may not accumulate an “excess surplus,” or a high cash balance based on certain thresholds. 3. Properties must be developed with affordable housing or sold within five to ten years of the California Department of Finance approving the Housing Asset Transfer Form. Appendix 2 provides a detailed summary of the reporting requirements that are addressed in this Annual Report.

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San Carlos Housing Successor Annual Report 2021-22 3
PERMITTED USES OF HOUSING ASSET FUNDS Pursuant to HSC Section 34176.1, Housing Asset Funds may be spent on: • Administrative costs for operation of the housing successor agency. The law allows a housing successor to spend the greater of: o $200,000 per year adjusted for inflation, or o 5% of the statutory value of real property owned by the housing successor and the value of loans and grants receivable from the HAT (“Portfolio”), whichever is greater. The $200,000 limit adjusted for inflation in FY 2021-22 is $239,000 according to HCD. The Housing Successor’s FY 2021-22 Portfolio value was $20,477,562 of which 5% is $1,023,878. Therefore, the FY 2021-22 administrative cost limit for the San Carlos Housing Successor is the higher figure of $1,023,878. • Homeless prevention and rapid rehousing services up to $250,000 per year if the former Agency did not have any outstanding housing inclusionary or replacement housing production requirements. The Housing Successor qualifies because the former Agency had a surplus of affordable housing production units upon dissolution. • Affordable housing development assisting households up to 80 percent of the Area Median Income (“AMI”), subject to specific income and age targets. Five-Year Income Proportionality: Any Housing Asset Funds may be spent on development of affordable housing projects affordable to low-, very low-, and extremely low-income households. “Development” is defined in HSC Section 33413 as new construction, acquisition, rehabilitation, or the preservation of affordable housing developments. Over each five-year compliance period, the current one beginning July 1, 2019, at least 30 percent of such development expenditures must assist extremely low-income households (30% AMI), while no more than 20 percent may assist low-income households (between 60-80% AMI). The balance of the funds may be used on very low-income households (defined as households earning between 30% and 60% of AMI).

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San Carlos Housing Successor Annual Report 2021-22 4
The first five-year compliance period was January 1, 2014 through June 30, 2019. The Housing Successor was compliant with Housing Asset Fund income proportionality expenditure requirements during the first five-year compliance period. The current (second) five-year compliance period is July 1, 2019 to June 30, 2024. Note that housing successors must report expenditures by category each year, but compliance with income proportionality limits is measured every five years. For example, a housing successor could spend all its funds in a single year on households earning between 60-80% AMI, as long as it was 20 percent or less of the total expenditures during the five-year compliance period. Should a housing successor not spend at least 30% of its development expenditures for extremely low-income households, or exceeds the amount spent on low-income households, future expenditures are subject to greater restriction until these proportionality targets are met. Specifically, if a housing successor is unable to spend at least 30% of its development expenditures on extremely low-income units, it is required to increase this spending to 50% until compliant with the 30% threshold; a housing successor that spends more than 20% of its development expenditures on low-income units cannot spend any further funds on low-income developments until it is at or below the 20% threshold. As such, tracking these expenditures and their progress over the corresponding five-year period is an important function of this Annual Report. Ten-Year Age Proportionality on Units Assisted: If more than 50% of the total aggregate number of rental units produced by the City, Housing Successor, or former Agency during the past 10 years are restricted to seniors, the Housing Successor may not spend more Housing Asset Funds on senior rental housing. It is important to stress that Housing Successor expenditure and production requirements are measured on different timeframes: • One-Year Limits: Administrative Allowance and Homeless Prevention Allowance. Compliance evaluated annually and resets every year. • Five-Year Limit: Expenditures by Income Level. Compliance evaluated over a fixed five-year period set by law, the current period being July 1, 2019 to June 30, 2024.

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San Carlos Housing Successor Annual Report 2021-22 5
• Ten-Year Limit: Number of Senior Deed-Restricted Units Assisted. Compliance evaluated based on a rolling ten-year period that is different every year, the current period being FY 2020-21 to 2030-31. Appendix 3 describes Housing Asset Fund expenditure requirements in more detail, including the types of costs eligible in each category. LIMITS ON THE ACCUMULATION OF HOUSING FUNDS (EXCESS SURPLUS) State law limits how much cash a housing successor may retain and, if it fails to commit and spend these dollars in a reasonable timeframe, ultimately penalizes the housing successor by requiring unspent funds to be transferred to HCD for use on State housing programs. HSC Section 34176.1(d) establishes a limit, known as an “excess surplus” on the amount of unencumbered Housing Asset Funds based on the greater of the following: • $1,000,000, or • The total amount of deposits made into the Housing Asset Fund over the preceding four years. Only amounts in excess of this threshold are considered an excess surplus. Once an excess surplus is determined, a housing successor must account for these funds separately and encumber said monies within three years. If after the third year the excess surplus has not been fully encumbered, the remaining balance of the excess surplus is to be transferred to HCD within 90 days. HCD is permitted to use these transferred excess surplus funds anywhere in the State under its Multifamily Housing Program or the Joe Serna, Jr. Farmworker Housing Grant Program. The concept of excess surpluses carries over from the era prior to dissolution of Redevelopment Law, when redevelopment agencies often were receiving substantial amounts of deposits from the mandatory housing set-aside of 20% of tax increment revenues. Today, excess surpluses are generally less common because housing successors no longer receive deposits comparable to the pre-dissolution period. As part of the Annual Report, a housing successor must disclose any excess surplus and describe the housing successor’s plan for eliminating this excess surplus.

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San Carlos Housing Successor Annual Report 2021-22 6
HOUSING ASSET FUND ACTIVITY This Annual Report describes Housing Successor related activity in the Housing Asset Fund based on audited numbers by an independent auditor. The Housing Successor entered FY 2021-22 with $1.85M in Housing Asset Fund cash and expended $128,057 during the year on administration costs. EXPENDITURES The Housing Successor complied with all Housing Asset Fund expenditure limits in FY 2021-22, including five-year compliance period income targeting requirements as shown in Table 1 below. Table 1: Housing Asset Fund Expenditures • Administrative costs of $128,057 did not exceed the maximum amount for FY 2021-22. The annual limit for administration expenditures in FY 2021-22 is $1,023,878, which represents 5% of the City’s current statutory value of real properties and loan receivables. • No homeless prevention or rapid rehousing expenses were made in FY 2021-22. • The Housing Successor spent $4,023,714 toward the construction of 6 extremely low-income rental units at 817 Walnut in FY 2019-20, the first year of the second five-year compliance period from July 1, 2019 through June 30, 2024. In FY 2021-22, the Housing Successor spent a total of $21,100 toward the 817 Walnut project. The total amount spent on the 817 Walnut project in the Fiscal Year 2021-22 Housing Asset Fund Expenditures
San Carlos Housing Successor
Admin/ Rapid Ext. LowOther Ext. LowVery Low Low
Annual Expenditures MonitoringRehousingRental UnitsUnits ≤30% AMI>30% <60%60-80% AMI Administration1 $128,057 $0 $0 $0 $21,100 $0 $0
Annual Total $128,057 $0 $0 $0 $21,100 $0 $0
Compliance Period Expenditures
Total Expenditures $128,057 $0 $0 $0$4,044,814 $0 $0
SB 341 Limitation2 $1,023,878$250,000 >30% <70% >30% N/A <20% Compliant (Yes/No) Yes Yes Yes Yes Yes N/A Yes
1 The Admin/Monitoring and Rapid Rehousing amounts are annual Limits. Expenditures by income level are five-year limits 2 The Successor has complied with the Annual Limits each year of the compliance period Source: Low and Moderate Income Housing Fund Trial Balance Summary by Fund (6/30/20) and City Response to Data Request Five-Year Period (2019-20 through 2023-24)Annual Limits2

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San Carlos Housing Successor Annual Report 2021-22 7
five-year compliance period from July 1, 2019 through June 30, 2024 is $4,044,814. The City has committed $7.3 million toward the project pursuant to a Disposition, Development and Loan Agreement (“DDLA”) with Walnut Street LP. The majority of the $7.3 million will be paid from the Housing Asset Fund’s available cash balance. Any remaining balance will be paid from City inclusionary housing in-lieu fees. All development-related expenditures in the first five-year compliance period were spent on the construction of extremely low-income rental units. Therefore, the five-year compliance period income targets were met. The Housing Successor will ensure it continues to meet all expenditure requirements going forward in the current five-year compliance period of July 1, 2019 through June 30, 2024. Failure to comply with the extremely low-income requirement in any five-year compliance period means the Housing Successor will have to ensure that 50 percent of remaining funds be spent on extremely low-income rental units. Exceeding the expenditure limit for low-income households earning between 60-80% AMI in any five-year reporting period means the Housing Successor will not be able to expend any funds on these income categories until in compliance. SENIOR HOUSING LIMIT COMPLIANCE The Housing Successor complies with a limit allowing no more than 50 percent of the total aggregate number of rental units produced within the preceding ten years to be restricted to seniors. The Housing Successor, City, and former Agency have only assisted one affordable housing project in the prior ten years, which is the 817 Walnut street project. None of the 6 extremely low-income units assisted by the Housing Successor at 817 Walnut are restricted to seniors as shown in Table 2. Table 2: Deed Restricted Units Assisted in last 10 Years, FY 2021-22

Property1,2 Senior Units % Non-Senior
Units % Total Units
817 Walnut Street 0 0% 24 100% 24
Total 0 0% 24 100% 24
Total Deed-Restricted Senior Units: 0%
1 This list only includes units identified as senior-restricted living in the Housing Element. 2 This list only includes units that had a ground lease executed within the last 10 years.

Source: City of San Carlos

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San Carlos Housing Successor Annual Report 2021-22 8
DEPOSITS AND FUND BALANCE The Housing Successor deposited $29,843 into the Housing Asset Fund during FY 2021-22. The Housing Fund had an investment loss of $33,104 at the end of the year caused by the year-end fair market adjustment. Revenues were from interest income and rents as shown in Table 3. Table 3: Housing Asset Fund Deposits, FY 2021-22 The Housing Asset Fund balance as of June 30, 2022, was $8.5 million as summarized in Table 4. Of this amount, the cash balance was $1,848,412. Table 4: Housing Asset Fund – Ending Balance as of June 30, 2022 EXCESS SURPLUS The Housing Asset Fund may not accumulate an “excess surplus”, or an unencumbered cash balance that exceeds the greater of either $1 million or the sum of deposits in the prior four fiscal years. This Balance Type Amount
Investment Income (33,104)$
Interest Income 27,319
Rents 35,628
Total 29,843$
Source: City of San Carlos
Balance Type Amount
Cash 1,848,412$
Notes Receivable 6,038,593
Accounts Receivable 439,032
Bond Proceeds 1,143,601
Accounts Payable -
Miscellaneous -
Land Held for Resale1 972,829
Deferred Revenue (1,951,489)
Deposits due from Tenants (1,529)
Ending Balance 8,489,449$
Source: City of San Carlos, Fund 31 accounting records
1Excludes the value of 817 Walnut reported in Table 3 that is accounted for outside of Fund 31.

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San Carlos Housing Successor Annual Report 2021-22 9
requirement ensures that housing successors are actively spending available Housing Asset Funds on affordable housing. As shown in Table 5, The Housing Successor does not have an excess surplus. Under the terms of a Disposition Development and Loan Agreement ("DDLA") executed in FY 2018-19 for the 817 Walnut project, the City committed $7.3 million to assist with 6 extremely low-income rental units, with the majority of the funding coming from the Housing Successor. Approximately $4 million was expended in FY 2019-20 and the remainder was expended in FY 2021-22, leaving zero unencumbered Housing Asset Funds. Table 5: Excess Surplus Calculation FY 2021-22 The Housing Successor did not have an excess surplus at the end of FY 2021-22. TRANSFERS TO OTHER HOUSING SUCCESSORS There were no transfers to another housing successor entity for a joint project pursuant to HSC Section 34176.1.

Step 1: Determine Unencumbered Cash Balance From Financials FY 21-22 Beginning Cash Balance 1,887,821$
Less: Encumbered Funds 1,887,821$
Unencumbered Amount -$
$1 Million, or 1,000,000$
Last 4 years' deposits 1,904,702$
2020-21 234,163$
2019-20 1,258,114$
2018-19 177,427$
2017-18 234,998$
Result: Larger Number 1,904,702$
Step 3: Excess Surplus is Amount Step 1 Exceeds Step 2, if Any (1) Unencumbered Amount -$
(2) Less: Larger Number From Step 2 1,904,702$
Excess Surplus None
Source: City of San Carlos
Step 2: Determine Greater of $1M or Last 4 Deposits

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San Carlos Housing Successor Annual Report 2021-22 10
HOUSING SUCCESSOR PORTFOLIO The Housing Successor Portfolio includes four properties and four loans receivable transferred from the former Agency. The Portfolio had a value of $20,477,562 as of FY 2021-22, as detailed in Table 6. Table 6: Portfolio Value of Real Properties and Loans Receivable FY 2021-22 The City, as housing successor, owns four properties that had a book value of $14,438,969 as of June 30, 2022. The 633 Elm Street Unit 305 was transferred from the former Agency, while two properties, 633 Elm Street Unit 405 and 1001 Laurel Street Unit 207, are Below Market Rate units purchased by the Housing Successor in FY 2016-17 and FY 2017-18. The property purchases are not reported as expenditures in Figure 1 because the City owns the units, and the cash value was converted to real property value in the Housing Asset Fund. It is possible that the purchases will be converted to expenditures in the future if the Below Market Rate units are sold to low-income buyers and affordability restrictions are recorded. In FY 2019-20, the City entered into a DDLA with a developer to ground lease the 817 Walnut property to allow for new affordable development. A progressive value of $7,879,899 for the new improvements was capitalized as donated capital assets in FY 2020-21. In FY 2021-22, the 817 Walnut improvement project was completed, with an additional $5,980,236 capitalized in June 2022. The City also loaned $4.2 Asset Amount
Real Properties
633 Elm Street Unit 305 354,999$
633 Elm Street Unit 405 377,987
1001 Laurel Street #207 239,843
817 Walnut Street 13,466,140
Subtotal 14,438,969$
Loans Receivable
Laureola Oaks 1,311,119$
1244 Cherry Street 100,000
717 Cedar 293,962
817 Walnut Street 4,333,511
Subtotal 6,038,592$
Total Portfolio Value 20,477,562$
Source: City of San Carlos, Fund 31 and Fund 90 accounting records

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San Carlos Housing Successor Annual Report 2021-22 11
million for the development of the property to the developer and in FY 2021-22, $166,673 accrued interest was added to the loan. This increased the loans receivable held by the City to four, totaling $6,038,592 PROPERTY DISPOSITION STATUS HSC Section 34176(e) requires that all real properties acquired by the Agency prior to February 1, 2012 and transferred to the Housing Successor be developed for affordable housing purposes or disposed of within five years from the date DOF approved the HAT, or September 5, 2017. The City has met this requirement. The Agency transferred four real properties to the City on the HAT: • 817 Walnut Street: The property was formally transferred to the City via a grant deed dated January 5, 2015. In FY 2019-20 the City entered into a DDLA with Walnut Street L.P. to redevelop the site from a 6-unit to a 24-unit apartment complex, of which 6 units will be affordable to extremely low-income households. • 633 Elm Street, Unit 305: This condominium unit continues to be operated as affordable housing and is leased to a low-income tenant. • 657 Walnut Street: This 7-unit multi-family apartment complex was transferred from the Housing Successor to a developer in January 2017 for the Wheeler Plaza development project. The sales proceeds were deposited to the Housing Asset Fund. • 1245-1265 San Carlos Avenue: This is a commercial property that was included on the HAT in error. It was subsequently included in the Successor Agency’s Long Range Property Management Plan and sold pursuant to a compensation agreement approved by DOF and affected taxing entities.

HOMEOWNERSHIP UNIT INVENTORY Table 7 presents an inventory of homeownership units assisted by the Housing Successor that require restrictions, covenants, or an adopted program that protects Housing Asset Fund monies.

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San Carlos Housing Successor Annual Report 2021-22 12
Table 7: Homeownership Unit Inventory

Address # Units
Covenant
Recorded
Covenant
Expires
3327 Brittan #7 1 1/13/07 1/13/52
641 Cedar Street #101 1 8/5/06 8/5/51
641 Cedar Street #202 1 6/14/06 6/14/51
633 Elm #106 1 3/20/02
633 Elm #107 1 2/12/00
633 Elm #206 1 ???
633 Elm #207 1 1/21/00
633 Elm #215 1 4/27/00
633 Elm #216 1 1/14/00
633 Elm #305 1
633 Elm #306 1 1/21/00
633 Elm #307 1 4/2/05
633 Elm #316 1 1/28/00
633 Elm #405 1 12/21/02
618 Walnut #303 1 11/18/04
618 Walnut #305 1 8/17/01
#102 1 7/2/19 7/2/64
#105 1 11/15/18 11/15/63
#106 1 8/18/06 8/30/51
#107 1 9/21/06 9/29/51
#109 1 1/2/07 1/12/52
#203 1 6/20/06 6/29/51
#204 1 6/20/06 6/29/51
#205 1 6/20/06 6/29/51
#207 1 11/16/05 12/3/50
#209 1 8/2/06 8/22/51
#213 1 11/27/07 1/12/53
#218 1 11/27/07 12/12/52
#222 1 3/29/07 4/13/52
#225 1 1/8/08 1/22/53
#322 1 6/20/06 6/28/51
#325 1 6/20/06 6/29/51
#203 1 9/11/18 9/11/63
#304 1 8/10/18 8/10/63
#306 1 8/13/18 8/13/63
Total Restricted Units 35
Source: City of San Carlos
777 Walnut Street
In perpetuity w/
Resale Purchase
Option
Pacific Hacienda
1001 Laurel Street

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San Carlos Housing Successor Annual Report 2021-22 13
APPENDIX 1 – HOUSING ASSET TRANSFER FORM The Housing Asset Transfer Form is attached as a separate document.

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San Carlos Housing Successor Annual Report 2021-22 14
APPENDIX 2 - HOUSING SUCCESSOR ANNUAL REPORT REQUIREMENTS Health and Safety Code Section 34176.1(f) Housing Asset Fund Revenues & Expenditures Total amount deposited in the Housing Asset Fund for the fiscal year. Amount of deposits funded by a Recognized Obligation Payment Schedule (“ROPS”). Statement of balance at the close of the fiscal year. Description of Expenditures for the fiscal year, broken out as follows: • Homeless prevention and rapid rehousing • Administrative and monitoring • Housing development expenses by income level assisted Description of any transfers to another housing successor for a joint project. Other Assets and Active Projects Description of any project(s) funded through the ROPS. Update on property disposition efforts (note that housing successors may only hold property for up to five years, unless it is already developed with affordable housing). Other “portfolio” balances, including: • Statutory value of any real property either transferred from the former Agency or purchased by the Housing Asset Fund • Value of loans and grants receivable Inventory of homeownership units assisted by the former Agency or the housing successor that are subject to covenants or restrictions or to an adopted program that protects the former Agency’s investment of monies from the Low and Moderate Income Housing Fund. Obligations & Proportionality Description of any outstanding production obligations of the former Agency that were inherited by the Housing Authority. Compliance with proportionality requirements (income group targets), which must be upheld on a five-year cycle. Percentage of deed-restricted rental housing restricted to seniors and assisted by the former Agency, the Housing Authority, or the City within the past ten years compared to the total number of units assisted by any of those three agencies. Amount of any excess surplus, and, if any, the plan for eliminating it.

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San Carlos Housing Successor Annual Report 2021-22 15
APPENDIX 3 – HOUSING ASSET FUND EXPENDITURE REQUIREMENTS Housing Asset Fund Expenditure Requirements Health and Safety Code Section 34176.1 Expense Category Limits Allowable Uses Administration and Compliance Monitoring $1,023,878 maximum for FY 2021-22 (limit varies each year) Administrative activities such as: • Professional services (consultant fees, auditor fees, etc.) • Staff salaries, benefits, and overhead for time spent on Housing Successor administration • Compliance monitoring to ensure compliance with affordable housing and loan agreements • Property maintenance at Housing Successor-owned properties Capped at $200,000 adjusted annually for inflation or 5% of the statutory value of real property owned by the housing successor and the value of loans and grants receivable from the HAT (“Portfolio”), whichever is greater. Homeless Prevention and Rapid Rehousing Solutions $250,000 maximum per fiscal year Services for individuals and families who are homeless or would be homeless but for this assistance, including: • Contributions toward the construction of local or regional homeless shelters • Housing relocation and stabilization services including housing search, mediation, or outreach to property owners • Short-term or medium-term rental assistance • Security or utility deposits • Utility payments • Moving cost assistance • Credit repair • Case management • Other appropriate activities for homelessness prevention and rapid rehousing of persons who have become homeless. Affordable Housing Development No spending limit, but must comply with income and age targets “Development” includes: • New construction • Acquisition and rehabilitation • Substantial rehabilitation • Acquisition of long-term affordability covenants on multifamily units • Preservation of at-risk units whose affordable rent restrictions would otherwise expire over the next five years

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San Carlos Housing Successor Annual Report 2021-22 16
Housing Asset Fund Expenditure Requirements Health and Safety Code Section 34176.1 Expense Category Limits Allowable Uses Income Targets Every five years (currently FYE 2020-2024), Housing Asset Funds must meet income targets: • At least 30% on extremely low income rental households (up to 30% AMI or “Area Median Income”) • No more than 20% on low income households (60-80% AMI) Moderate and above moderate income households may not be assisted (above 80% AMI). Failure to comply with the extremely low income requirement in any five-year compliance period will result in having to ensure that 50 percent of remaining funds be spent on extremely low income rental units until in compliance. Exceeding the expenditure limit for low households earning between 60-80% AMI in any five-year reporting period will result in not being able to expend any funds on these income categories until in compliance. Age Targets For the prior ten years (resets every year), a maximum of 50% of deed-restricted rental housing units assisted by the Housing Successor or its host jurisdiction may be restricted to seniors. If a housing successor fails to comply, Housing Asset Funds may not be spent on deed-restricted rental housing restricted to seniors until in compliance.

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CITY COUNCIL

STAFF REPORT
MEETING DATE: April 10, 2023
ITEM TITLE: Adopt a Resolution Setting the Time, Place, and Duration of the San Carlos Farmers’ Market.

RECOMMENDATION:

Staff recommends that the City Council adopt a Resolution setting the time, place, and duration of the San Carlos Farmers’ Market.

FISCAL IMPLICATIONS:

None for this action.

BACKGROUND:

On November 28, 2022, the City Council approved Ordinance 1594, updating the parking regulations on Laurel Street to accommodate the operations of the weekly San Carlos Farmers’ Market. It was determined at that meeting that the City Council would approve the time, place, and duration of the Market by adopting a separate Resolution at a later date.

The City assumed operations of the Farmers’ Market in July 2021 when the Market was being held in the Industrial Arts district of San Carlos on Bayport Avenue. Attendance from both vendors and attendees was limited and the decision was made to return the Market to Laurel Street the following month.

In August 2021, the Market relocated back to downtown, operating on the 600 block of Laurel Street and utilized the sides of Cherry Street as needed during peak months. In the past year, attendance from the community has grown, and shows optimism for the growth of the Market and community support for this location.

The City Council adopted Resolution 2023-011 on February 13, 2023, establishing the time, place, and duration of the San Carlos Farmers’ Market. However, more specific information identifying each block the Market will operate is needed in order for the San Mateo County Sheriff’s Office to enforce the no parking restrictions during the operations of the Sunday Farmers’ Market.

ANALYSIS:

When the San Carlos Farmers’ Market resumed operations following the closure due to the pandemic, and opened in the Industrial Arts district on Bayport Avenue, the Market struggled to get vendors and shoppers to return. Vendors continued to request staff move the Market back to Laurel Street, and cross streets, where it had thrived for many years.

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Following the move to Laurel Street in August 2021, staff began to see an increase in vendor participation and shoppers. Gradually over the course of a year, the Market doubled vendor participation, from 18 weekly vendors to 37. Vendors also reported a significant increase of sales volume in 2022 as compared to sales on Bayport Avenue.

In order to continue the positive, upward trend in Market attendance, staff recommends the San Carlos Farmers’ Market continue to take place on the 600 block of Laurel Street, 1100 & 1200 blocks of Cherry Street, and the City-owned Wheeler Plaza parking lot on Sunday mornings, from 9:00 a.m. until 1:00 p.m., on a year-round basis. No parking on the designated blocks and parking lot will be allowed Sundays from 6:00 a.m. until 3:00 p.m. Additionally, at the conclusion of the Market each Sunday, staff recommends reopening the 600 block of Laurel Street to through traffic once all vendors and merchants have safety vacated the premises.

ALTERNATIVES:

The alternatives available to the City Council include:

1. Adopt a Resolution setting the time, place, and duration of the San Carlos Farmers’ Market; or

2. Do not adopt the Resolution; or

3. Provide staff with direction.

Respectfully submitted by:

Amy Newby, Parks & Recreation Director
Approved for submission by:
_______________________
Jeff Maltbie, City Manager
ATTACHMENT(S):

1. Resolution

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RESOLUTION NO. 2023 – ____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN CARLOS

SETTING THE TIME, PLACE AND DURATION OF THE SAN CARLOS
FARMERS’ MARKET.

WHEREAS, on November 28, 2022, the City Council approved Ordinance 1594, updating the parking on Laurel Street to accommodate the operations of the weekly San Carlos Farmers’ Market; and
WHEREAS, the updated Ordinance states that the time, place and duration of the Market is to be determined by City Council Resolution; and
WHEREAS, the Market operated on Laurel Street for many years prior to the pandemic; and
WHEREAS, vendor participation and sales volumes was lacking when the Market was located on Bayport Avenue; and
WHEREAS, since returning to Laurel Street in August 2021, vendor participation has doubled from 18 weekly vendors to 37; and
WHEREAS, vendors have reported a significant increase in sales volume since returning to Laurel Street; and
WHEREAS, City Council adopted Resolution 2023-011 on February 13, 2023 establishing the time, place and duration of the San Carlos Farmers’ Market. However, more specific information identifying each block the Market will operate is needed in order for the San Mateo County Sheriff’s Office to enforce the no parking restrictions during the operations of the Sunday Farmers’ Market; and
WHEREAS, staff recommends to continue to operate the Market on the 600 block of Laurel Street, 1100 & 1200 blocks of Cherry Street and the City-owned Wheeler Plaza parking lot on Sunday mornings from 9:00 a.m. until 1:00 p.m. to continue the Market growth; and WHEREAS, no parking on the designated blocks and parking lot will be Sundays from 6:00 a.m. until 3:00 p.m.; and
WHEREAS, staff recommends for the 600 block of Laurel Street to reopen to through traffic once all vendors and merchants have safety vacated the premises.

NOW, THEREFORE BE IT RESOLVED, that the San Carlos City Council hereby approves setting the time, place and duration of the San Carlos Farmers’ Market. * * * * *
I, City Clerk Crystal Mui, hereby certify that the foregoing Resolution was duly and regularly passed and adopted by the City Council of the City of San Carlos at a scheduled meeting thereof held on the 10th day of April 2023, by the following vote:

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CITY COUNCIL

STAFF REPORT
MEETING DATE: April 10, 2023
ITEM TITLE: Receive a Presentation Providing an Overview of Transportation Management Association (TMA) Options for East San Carlos.

RECOMMENDATION:

Staff recommends that the City Council receive a presentation on Transportation Management Association options for east San Carlos.

FISCAL IMPLICATIONS:

There are no direct fiscal implications to the City’s general fund associated with the discussion of a Transportation Management Association. If an Association is established in the future, it would be funded by development projects.

BACKGROUND:

The east side of the City of San Carlos has been experiencing growth in new land uses related to life sciences. Traffic studies for the new developments analyze Level of Service (LOS) for consistency with the City’s General Plan, Vehicle Miles Traveled (VMT), as required by The California Environmental Quality Act (CEQA), and traffic safety considerations (new driveway line of sight, etc). In compliance with San Carlos Municipal Code chapter 18.25, projects are required to submit a Transportation Demand Management Plan (TDM) to reduce vehicle trips by 20%. The City currently requires monitoring reports be submitted five years after project occupancy. A capital improvement project has been identified in the budget to update the City’s TDM requirements.

The City is considering additional TDM measures to help mitigate traffic congestion and provide transportation alternatives that make commuting to, from, and around San Carlos efficient for employees, residents, and visitors. One potential strategy would be to implement a TMA, of which, TDM is a key tool.

TMAs provide access to commuter solutions such as transit benefits, shuttles, carpools, vanpools, bicycling, and guaranteed ride home programs. These area-specific partnerships help address the transportation needs of a given location. TMAs allow businesses to pool their resources to support commuter transportation strategies and can act in an advocacy role with local government on behalf of its membership. Typically, they are non-profit organizations with a public-private partnership and are funded through dues paid by member businesses, government grants, and contributions from local jurisdictions.

Currently, there are 10 TMAs in the Bay Area (hyperlinks to their website are provided below):

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City of Alameda - Alameda TMA
San Ramon - Bishop Ranch Transportation Management Association Walnut Creek - Contra Costa Center Transit Village
Emeryville - Emery Go-Round
Pleasanton - Hacienda Business Park
Mission Bay - Mission Bay TMA
Sunnyvale - Moffett Business Park TMA
Mountain View - North Bayshore/Mountain View TMA
Palo Alto – Palo Alto TMA
TMA San Francisco - TMA of San Francisco
ANALYSIS:

A comprehensive TDM program is best implemented when an organization can serve as a mobility champion that can implement programs on an economy of scale. Often, this takes the form of a TMA, whose mission is to collectively represent all uses, existing or new, within a particular area. A TMA is typically either a private/non-profit or public-private partnership member- controlled organization that is established to promote commute alternatives to driving alone.

TMAs are controlled and funded through membership, with the goal of reducing vehicle trips and congestion.

In addition to implementing TDM measures, the reduction of vehicle trips resulting from those strategies are also typically monitored and reported by the TMA to the local jurisdiction. The monitoring and reporting of vehicle trips would allow participants of the TMA to more efficiently mitigate vehicle trips, vehicle miles traveled, and parking demand.

One of the goals of the San Carlos East Side Innovation District (ESID) Vision Plan is to “Reduce Congestion Through Coordinated Transportation strategies.” Specifically, a goal is to incorporate a TMA to formalize the partnership between the City, property owners, businesses, and employers and leverage resources and create cost effective trip reduction strategies.

Purposes and Goals of a TMA:

1. Provide mobility and TDM services to participating members, such as:
oShuttle service
oRideshare matching
oDiscounted transit passes (purchased in bulk)
oVanpool service
oBikeshare
oParking cash-out
oParking management

2. Provide monitoring and reporting on services, vehicle trip/VMT reductions, rates of program participation, qualitative survey data, program cost-effectiveness, participant compliance, and any other metrics required by the Board (e.g., greenhouse gas reductions).

3. Achieve larger VMT and trip reductions

4. Monitor trip caps

5. Allows smaller entities to participate in larger scale TDM programs

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Governance and Responsibility:

TMAs are typically operated on a day-to-day basis by full-time staff. The TMA staff receive direction from a Board that oversees the direction and finances of the TMA and whose members may be comprised from a range of groups including:

oCity, County, and other government agency staff
oPrivate employers, developers, building managers, and landowners oPrivate business organizations (e.g., chambers of commerce) oTransportation service providers (e.g., Caltrain, SamTrans) There are a variety of funding sources for TMAs:
oMembership dues
oService/user fees
oGrants
oContributions
The City of San Carlos will need to:

1. Provide oversight of the ESID TMA

2. Review annual monitoring reports

3. Recommend changes to ensure compliance and goals are met

4. Facilitate participation and expansion
Next Steps:

The City is already working with traffic consultants W-Trans to assess the potential for the Alexandria development to implement a TMA. Based on their findings, participating in a TMA may lead to an additional 20% reduction in overall trips to and from the development. A TMA would have similar east side district wide benefits of trip reductions to and from the east side.

Alexandria has agreed to establish a TMA program and formulate the TMA structure in conjunction with their proposed development. This could be formalized through a development agreement provision and initially funded by the developer, as well as a CEQA mitigation measure.

The Planning and Transportation Commission and the City Council will have the opportunity to review and comment on the TMA proposal as a part of the development review process for the project.

For other developments in the east side, a condition of project approval has been included to require the new development participate in the TMA once formed. Participation in the TMA can also be formalized in the City’s updated TDM ordinance.

Staff will also coordinate the formulation of a TMA with commute.org and Caltrain/SamTrans.

The traffic consultants noted that it would be beneficial to join or form a regional TMA due to economies of scale. However, since this is a high a priority item, it was concluded that San Carlos could establish the TMA and then consider joining resources with neighboring cities of Belmont and Redwood City.

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ALTERNATIVES:

The alternatives available to the City Council include:

1. Receive a presentation providing an overview of Transportation Management Associations (TMAs) for east side San Carlos; or

2. Provide staff with alternative direction.

Respectfully submitted by:

Al Savay, Community Development Director
Approved for submission by:
_______________________
Jeff Maltbie, City Manager

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CITY COUNCIL

STAFF REPORT
MEETING DATE: April 10, 2023
ITEM TITLE: Consideration of Adopting a Resolution Appropriating $200,000 from Park-in-Lieu Fund 27 to Fund a New North Crestview Park Master Plan.

RECOMMENDATION:

Staff recommends that the City Council adopt a Resolution appropriating $200,000 from Park-in- Lieu Fund 27 to fund a new North Crestview Park Master Plan.

FISCAL IMPLICATIONS:

The total fiscal impact or net costs to Park-in-Lieu Fund 27 would be $200,000 in FY 2022-23.

Should the Council move forward with design and construction, additional funding will be necessary. There are sufficient funds available in the Park-in-Lieu fund to cover this request.

BACKGROUND:

A park master plan document provides a conceptual layout to guide future improvements in a park setting. The development of a plan includes input from the general community through public meetings and other outreach efforts. The process is traditionally facilitated by a landscape architect firm with experience in the master planning process. A draft version of a master plan will be presented to the Parks, Recreation and Culture Commission before being presented to the City Council for final approval.

A master plan process for North Crestview was completed in 2017 and included minor park improvements that are regarded as passive uses, such as improved pathways, picnic tables, a meadow, benches, and a service dog memorial monument. No other recreational amenities, or parking, were included in the 2017 plan.

ANALYSIS:

On January 27, 2023, the City Council held the annual Strategic Planning Retreat to discuss the City’s mission, vision and core values, review its strategic goals and objectives, and to consider new priorities for the upcoming year. As part of this process, “recreational opportunities,” was identified, discussed, and added as a new goal for 2023. Under this goal, three objectives were identified including: a new master plan for North Crestview Park to explore additional recreational opportunities at this site; completion of a full parks master plan; and assessment of new and existing opportunities to expand trails and trail connections with adjacent open space.

The appropriation of funds for this master plan does not commit the City to approve any proposed project. Also, because the specific parameters of a proposed project that may be considered after

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development of a plan using this funding are unknown at this stage, it is not yet possible to conduct a meaningful analysis and environmental review of a proposed project under the California Environmental Quality Act (“CEQA”). The City’s approval of a master plan and its implementation is subject to future CEQA compliance, and until such time as the City has completed environmental review sufficient to comply with CEQA, the City shall retain full discretion to proceed, modify, deny, or condition the project. Should City Council approve funding for a new master plan for North Crestview, staff will post a request for proposals (RFP) on the City’s website this spring. The next step would be for staff to bring the Council a recommendation to execute a professional services agreement with a qualified landscape architect consultant selected through the RFP process.

ALTERNATIVES:

The alternatives available to the City Council include:

1. Adopt a Resolution appropriating $200,000 from Park-in-Lieu Fund 27 to fund a New North Crestview Park Master Plan; or

2. Do not adopt the Resolution; or

3. Provide staff with alternative direction.

Respectfully submitted by:

Amy Newby, Parks & Recreation Director
Approved for submission by:
_______________________
Jeff Maltbie, City Manager
ATTACHMENT(S):

1. Resolution

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RESOLUTION NO. 2023– ____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN CARLOS APPROPRIATING $200,000 FROM PARK-IN-LIEU FUND 27 TO FUND A NEW NORTH CRESTVIEW PARK MASTER PLAN.

WHEREAS, a park master plan document provides a conceptual layout to guide future improvements in a park setting; and
WHEREAS, development of the plan includes input gathered from community members; and
WHEREAS, the master plan process is facilitated by a landscape architectural firm with experience in the master planning process; and
WHEREAS, on January 27, 2023, the City Council held its annual Strategic Planning Retreat to discuss the City’s priorities; and
WHEREAS, a new goal, “recreational opportunities,” was discussed and added as a strategic goal for 2023; and
WHEREAS, one of the objectives under this goal is to complete a new master plan for North Crestview Park to explore additional recreational opportunities at this undeveloped park site; and
WHEREAS, there are sufficient funds available in the Park-in-Lieu fund to cover this request; and
WHEREAS, the appropriation of funds for this master plan does not commit the City to approve any proposed project; and
WHEREAS, because the specific parameters of a proposed project that may be considered after development of a plan using this funding are unknown at this stage, it is not yet possible to conduct a meaningful analysis and environmental review of a proposed project under the California Environmental Quality Act (“CEQA”); and
WHEREAS, the City’s approval of a master plan and its implementation is subject to future CEQA compliance, and until such time as the City has completed environmental review sufficient to comply with CEQA, the City shall retain full discretion to proceed, modify, deny, or condition the project.

NOW, THEREFORE BE IT RESOLVED, that the San Carlos City Council hereby appropriates $200,000 from Park-in-Lieu Fund 27 to fund a new North Crestview Master Plan. * * * * *

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AYES, COUNCILMEMBERS:_____________________________________________ NOES, COUNCILMEMBERS:_____________________________________________ ABSENT, COUNCILMEMBERS:_____________________________________________ ________________________________
CITY CLERK of the City of San Carlos
APPROVED:
___________________________
MAYOR of the City of San Carlos

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San Carlos City CouncilApril 10, 2023

San Carlos City Council
April 10, 2023